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- REVISED  ORDINANCES 

OF  THE 

VILLAGE  OF  LOWELLVILLE 

STATE  OF  OHIO 


(The  Village  of  Lowellville  was  incorporated  Fel> 
riiary  5th,  1890.  For  a complete  record  of  the  pro- 
ceedings in  the  matter  of  incorporation,  see  Record  ot 
Incorporations,  Volume  2,  page  17 1,  in  the  office  ot 
the  Recorder  of  Mahoning  County,  Ohio.) 


907 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/revisedordinanceOOIowe 


v-7  Cjf'  - 33  .n  /907 


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REVISED  ORDINANCES 


TABLE  OF  CONTENTS 


CHAPTER  1. 

CHAPTER  H. 
CHAPTER  III. 
CHAPTER  IV. 

CHAPTER  V. 

CHAPTER  VI. 

CHAPTER  VII. 
CHAPTER  VIII. 

CHAPTER  IX. 
CHAPTER  X. 
CHAPTER  XI. 
CHAPTER  XIL 
CHAPTER  XIII. 
CHAPTER  XIV. 
CHAPTER  XV. 
CHAPTER  XVI. 

CHAPTER  XVII. 
INDEX— 


Preservation  of  public  peace  and 
safety. 

Protection  of  public  property. 

Prevention  of  nuisances. 

Suppression  of  certain  places  and 
practices. 

Regulation  of  places  where  intoxi- 
cating liquors  are  sold. 

Regulation  of  public  ways  and 
public  grounds. 

Regulation  of  railroads. 

Prohibition  or  restraint  of  animals 
running  at  large. 

Granting  of  licenses. 

General  control  of  streets. 

Relating  to  street  grades. 

Relating  to  sidewalks. 

Relating  to  finance  and  taxation. 

Relating  to  Council. 

Relating  to  executive  officers. 

Relating  to  the  qualification  and 
compensation  of  officers. 

Relating  to  the  Mayor’s  Court. 

to  Revised  Ordinances. 


1 0437 1 5 


AN  ORDINANCE 


To  revise,  codify,  re-arrange  and  publish  in  book 
form  the  General  Ordinances  of  the  Village  of 
Lowellville,  State  of  Ohio,  under  appropriate 
titles,  chapters  and  sections. 

Be  it  Ordained  by  the  Council  of  the  Village  of 
Lowellville^  State  of  Ohio:  That  the  General  Or- 
dinances of  said  Village  in  force  on  the  first  day  of 
March,  1907,  be  and  are  hereby  revised,  codified, 
re-arranged  and  ordered  published  in  book  form 
under  appropriate  titles,  chapters  and  sections  as 
follows: 


Title  I. 

ORDINANCES  UNDER  GENERAL  POWERS 


CHAPTER  1. 

ORDINANCES  FOR  THE  PRESERVATION  OF  THE  PUBLIC 
PEACE  AND  SAFETY. 

Section  i.  Disturbance. — Any  person  who  disturbs 
the  good  order  and  quiet  of  said  Village,  by  clamor 
and  noise  in  the  night  season,  or  by  intoxication,  drunk- 
enness or  fighting;  or  by  using  obscene  or  profane  lan- 
guage in  the  streets  or  other  public  places,  to  the  annoy- 
ance of  the  citizens;  or  who  otherwise  violates  the  public 
peace  by  indecent  or  disorderly  behavior,  shall  be  fined 
in  any  sum  not  exceeding  twenty-five  dollars. 

Section  2.  Disorderly  House. — Any  person  who, 
being  the  keeper  or  occupant  of  any  house,  building, 
room,  shed  or  other  structure  in  said  Village,  permits 
therein  any  noise  and  disturbance,  or  any  immoral  or 
disorderly  behavior  tending  to  disturb  the  public  peace 
and  quiet,  shall  be  fined  in  any  sum  not  exceeding  forty 
dollars. 

Section  3.  Disturbing  Meetings. — Any  person  who 
willfully  interrupts  or  disturbs  any  public  or  private 
meeting  or  assembly  of  persons,  met  for  a lawful  pur- 
pose, shall  be  fined  in  any  sum  not  exceeding  twenty- 
five  dollars. 

Section  4.  Intoxication. — Any  person  found  in  a 
state  of  intoxication,  shall  be  fined  in  any  sum  not  ex- 
ceeding ten  dollars. 

(Passed  May  27th,  1890.  Bk.  i,  p.  23.) 

Section  5.  Resisting  Officers. — Whoever  resists,  ob- 
structs, or  abuses  the  Mayor,  Marshal,  Deputy  Marshal, 


6 


or  any  other  officer  of  said  Village  in  the  execution  of 
any  of  the  duties  of  his  office,  or  resists,  obstructs  or 
abuses  any  person  lawfully  assisting  any  such  officer  in 
the  execution  of  any  of  the  duties  of  his  office,  or  resists, 
obstructs  or  abuses  any  person  in  the  performonce  of  any 
duty,  under  the  lawful  direction  or  authority  of  the 
Council,  shall  be  fined  in  any  sum  not  more  than  fifty 
dollars  ($50.00)  or  imprisoned  not  more  than  thirty  days 
(30)  or  both. 

(Passed  October  3rd,  1892.  Bk.  i,  p.  80.) 

Section  6.  Firearms  and  Fireworks. — It  shall  be 
unlawful  for  any  person  or  persons  to  fire  or  discharge 
any  cannon,  rifle,  gun,  revolver,  pistol,  or  firearms  of  any 
kind,  or  to  fire,  explode  or  discharge  any  rocket,  roman 
candle,  firecracker  or  other  fireworks  of  any  kind  or  de- 
scription within  the  limits  of  said  Village. 

Section  7.  Exceptions. — Preceding  Section  6 shall 
not  apply  to  the  use  of  firearms  in  the  lawful  defense  of 
the  person,  family  or  property  of  any  person,  nor  to  the 
Marshal  or  other  officer  in  the  lawful  discharge  of  his 
duty. 

Section  8.  Suspension. — The  operation  of  said  Sec- 
tion 6 shall  be  suspended  on  the  Fourth  of  July  and  per- 
mission is  hereby  given  to  fire  or  discharge  firearms  and 
fireworks  on  that  day.  The  Mayor  may  at  any  other 
time  suspend  the  operation  of  Section  6 for  not  more 
than  one  day  and  permit  the  discharge  of  such  firearms 
and  fireworks  as  he  may  deem  proper,  by  giving  public 
notice  of  such  suspension  and  permission  by  posting  no- 
tices in  not  less  than  three  public  places  within  said  Vil- 
lage, for  at  least  one  day  prior  thereto. 

Section  9.  Penalty. — Any  person  violating  any  pro- 
vision of  the  preceding  Sections  6,  7 and  8 shall  be  fined 
in  any  sum  not  more  than  twenty-five  ($25.00)  dollars. 

(Passed  May  15th,  1893.  Book  r,  p.  84.) 


7 

Section  io.  Fast  Driving, — It  shall  be  unlawful  for 
any  person  to  ride  or  drive,  any  horse  or  other  animal,  in 
such  manner  as  to  endanger  and  unreasonably  incom- 
mode any  person  within  said  Village,  or  at  a rate  of 
speed  exceeding  five  miles  an  hour,  upon  any  street; 
lane,  square  or  public  highway,  within  said  Village. 

Section  ii.  Penalty, — Whoever  violates  any  of  the 
provisions  of  the  preceding  Section  lo,  shall,  on  convic- 
tion thereof,  be  fined  in  any  sum  not  less  than  two  dol- 
lars, nor  more  than  ten  dollars,  or  imprisoned  not  more 
than  ten  days,  or  both. 

(Passed  January  2nd,  1893.  Bk.  i,  p.  83.) 

Section  12.  Climbing  upon  Railroad  Cars. — Any 
person  who  climbs,  jumps,  steps  or  stands  upon  or  clings 
or  in  any  way  attaches  himself  to  any  locomotive,  engine 
or  car  upon  any  part  of  the  track  of  a railroad,  unless  in 
so  doing  he  acts  in  compliance  with  law  or  by  permission 
under  the  lawful  rules  and  regulations  of  the  corporation 
then  operating  such  railroad,  shall  be  fined  not  more 
than  twenty-two  dollars. 

(Passed  June  6th,  1894.  Bk.  i,  p.  94.) 


CHAPTER  II. 

ORDINANCES  FOR  THE  PROTECTION  OF  PUBLIC 
PROPERTY. 

Section  13.  Street  Lamps etc. — Any  person  who 
shall  wilfully  or  maliciously  or  carelessly  break,  deface, 
or  in  any  way  injure,  destroy  or  remove  any  street  lamp 
or  lamp  post,  or  lantern  of  any  kind,  or  wilfully  and  ma- 
liciously extinguish  any  such  street  lamp  or  lantern  be- 
longing to  or  put  up  under  the  direction  or  permission 
of  the  Village,  shall  be  fined  in  any  sum  not  more  than 
twenty-five  dollars  ($25.00)  or  imprisoned  not  more  than 
twenty  (20)  days,  or  both. 

(Passed  February  5th,  1894.  Bk.  i,  p.  87.) 


8 


Section  14.  Electric  Works  Property. — No  person 
shall  wilfully  or  maliciously  or  negligently  destroy,  dis. 
connect,  displace,  cut,  break,  tap,  ground  or  make  any 
connection  with,  or  in  any  way  interfere  with  any  of  the 
poles,  cables,  wires,  lamps  or  transformers,  electrical  ap- 
paratus, buildings,  appliances  or  machinery  of  any  kind 
used  in  the  construction  of  or  in  operating  of  the  electric 
works  of  said  Village. 

Section  15.  Accessories^  Etc. — No  person  shall  wil- 
fully or  maliciously  aid,  agree  with,  employ  or  conspire 
with  any  other  person  or  persons  to  do  any  of  the  acts 
forbidden  in  the  preceding  Section  14. 

Section  16.  Posting  Advertisements  07i.,  Etc. — No 
person  shall  stick,  post,  nail,  tack  or  attach  in  any  way 
any  advertisement,  poster,  sign,  hand  bill  or  placard  of 
any  description  upon,  or  drive  any  nails,  tacks  or  other 
metallic  substance  into  any  electric  light  pole  within  said 
Village  without  first  having  obtained  consent  from  the 
Board  of  Trustees  of  Public  Affairs  of  said  Village. 

Section  17.  Pe?ialty. — Any  person  violating  any  of 
the  provisions  of  the  preceding  Sections  14,  15  aud  16, 
shall  be  fined  in  any  sum  not  exceeding  fifty  dollars. 

(Passed  June  20th,  1900.  Bk.  i,  p.  196.) 


CHAPTER  HI. 

ORDINANCES  FOR  THE  PREVENTION  OF  NUISANCES. 

Section  18.  Phosphates  and  Fertilizers. — It  shall  be 
unlawful  for  any  person  or  persons,  partnership  or  corpo- 
ration to  keep  or  store,  in  any  warehouse,  shop,  store,  or 
other  building,  enclosure  or  any  other  place  within  the 
limits  of  said  Village,  any  offensive,  or  obnoxious  phos- 
phates, or  other  offensive  fertilizers,  or  to  keep  or  permit 
the  same  to  remain  in  any  car  within  said  Village  for  a 
longer  period  than  twenty-four  hours. 

Section  19.  Phosphates.,  Etc..,  continued. — It  shall  be 
unlawful  for  any  person  or  persons,  partnership,  or  cor- 


9 

poration  to  keep  or  permit  any  oflfensive,  or  obnoxious 
phosphates  or  other  offensive  fertilizers  to  remain  upon 
any  standing  wagon,  or  other  vehicle  upon  any  of  the 
streets,  alleys,  avenues,  lanes,  public  grounds,  enclosures 
or  any  place  within  the  limits  of  said  Village  for  any 
length  of  time  whatever. 

Section  20.  Penalty. — Any  person  or  persons,  part- 
nership or  corporation  violating  any  of  the  provisions  of 
either  Section  18  or  19,  shall  upon  conviction  thereof 
before  the  Mayor  be  fined  in  any  sum  not  exceeding 
twenty  dollars. 

(Passed  October  3rd,  1892.  Bk.  i,  p.  81.) 

Section  21.  Filth  and  Rubbish. — No  person  shall, 
without  the  permission  of  the  Council  previously  ob- 
tained, throw  or  deposit  or  permit  to  be  thrown  or  de- 
posited, any  filth,  dirt,  filthy  water,  ashes,  shavings, 
straw,  wood,  earth,  stones,  manure,  refuse  matter,  or  rub- 
bish of  any  kind  upon  any  street,  alley  or  other  public 
way  or  public  ground  of  said  Village  to  the  annoyance 
of  any  of  the  citizens  thereof;  nor  shall  any  person  suffer 
any  filth,  or  other  matter  as  aforesaid  to  remain  upon  any 
premises  owned  or  occupied  by  him,  to  the  annoyance 
of  any  of  the  citizens  of  said  Village. 

Section  22.  Penalty. — Any  person  violating  any  of 
the  provisions  of  the  preceding  Section  21,  shall  be  fined 
in  any  sum  not  more  than  twenty  dollars. 

(Passed  May  i8th,  1891.  Bk.  i,  p.  43.) 


CHAPTER  IV. 

ORDINANCES  FOR  THE  SUPPRESSION  OF  CERTAIN 
PLACES  AND  PRACTICES. 

Section  23.  Ganiblmg  Roo?ns^  Etc. — No  person  shall 
keep  any' building,  room,  premises  or  other  structure,  or 
place,  to  be  used  or  occupied  for  gambling;  and  no  person 
shall  permit  any  building,  room,  premises  or  other  struc- 
ture, or  place  of  which  he  has  the  care  or  possession,  to 


lO 


be  used  or  occupied  for  gambling,  or  permit  any  game 
whatsoever  to  be  played  therein  for  any  sum  of  money  or 
other  thing  of  value,  upon  or  by  means  of  any  instrument 
or  device  whatsoever;  and  no  pf‘rson  shall  rent  any  build- 
ing, room,  premises  or  other  structure,  or  place  of 
which  he  is  the  owner,  to  be  used  or  occupied  for  gam- 
bling, or  permit  the  same  to  be  used  or  occupied  for  such 
purpose;  and  an  owner  of  any  such  place  who  knows 
that  the  same  is  used  or  occupied  for  gambling  or  that 
any  gambling  instrument  or  device  is  used  or  kept 
therein  for  gambling,  shall  be  deemed  to  have  rented 
and  permitted  the  same  to  be  used  or  occupied  for  such 
purpose,  unless  he  shall  forthwith  make  complaint 
against  the  person  so  using  or  keeping  the  same. 

Section  24.  Gaynbling, — No  person  shall  play  at 
any  game  for  any  sum  of  money  or  other  thing  of  value, 
or  make  any  bet  or  wager  for  any  sum  of  money  or  other 
thing  of  value. 

Section  25.  Pejialty. — Any  person  violating  any 
provision  of  preceding  Sections  23  and  24,  shall  be  fined 
in  any  sum  not  more  than  fifty  dollars,  and  all  gambling 
instruments  or  devices  used  or  kept  by  any  person  in 
violation  of  Sections  23  and  24,  shall  be  seized,  and  upon 
conviction  of  such  person,  shall  be  destroyed,  provided 
that  if  any  person  called  upon  to  testify  in  behalf  of  the 
prosecution  upon  any  complaint  for  any  violation  of  Sec- 
tions 23  and  24,  shall  disclose,  in  his  testimony,  any  fact 
tending  to  expose  him  to  prosecution  or  punishment 
for  any  violation  of  preceding  Sections  23  and  24,  he 
shall  thereupon  be  discharged  from  all  liability  to  prose- 
cution or  punishment  for  the  offense  so  disclosed  by  him. 

(Passed  February  2nd,  1891.  Bk.  i,  p.  37.) 

Section  26.  Houses  of  III  Fame. — No  person  shall 
keep  a house  or  place  of  ill  fame  or  assignation,  for  the 
purpose  of  prostitution  or  lewdness  or  keep  a house  or 
place  for  persons  to  visit  for  unlawful  sexual  intercourse 
or  for  any  other  lewd,  obscene  or  indecent  purpose. 


II 


Section  27.  Disoi'derly  House. — No  person  shall 
keep  a disorderly  house  or  place  of  public  resort  by 
which  the  peace,  comfort  or  decency  of  a neighborhood 
is  disturbed. 

Section  28.  Leasing  Premises  for. — No  person  or 
agent  shall  let  or  lease  a place,  building  or  any  portion 
of  a building  knowing  that  it  is  to  be  used  for  any  pur- 
pose forbidden  in  preceding  Sections  26  and  27,  or 
knowingly  permit  the  same  to  be  used. 

Section  29.  Harboring  Children  in. — No  person  be- 
ing the  keeper  of  such  a house  or  place  of  ill  fame, 
prostitution  or  assignation  or  of  such  disorderly  houses 
shall  keep  or  harbor  or  employ  therein  any  child,  either 
male  or  female,  the  same  being  over  four  and  under  six- 
teen years  of  age,  or  allow  such  child  to  remain  in  or 
about  such  house. 

Section  30.  Residing  in^  etc. — No  person  shall  re- 
side in  or  resort  to  any  house  of  ill  fame  for  the  purpose 
of  prostitution  or  for  the  purpose  of  aiding,  encouraging, 
assisting  or  abetting  the  same  as  musician,  servant,  em- 
ployee, lodger,  boarder,  visitor  or  otherwise. 

Section  31.  Resorting  to. — No  person  shall  resort 
to  any  disorderly  house  or  place  for  the  resort  of  persons 
of  bad  reputation  or  where  persons  of  bad  reputation  or 
immoral  character  commonly  resort. 

Section  32.  Penalty. — Any  person  violating  any  ot 
the  provisions  of  the  preceding  Sections  26,  27,  28,  29, 
30  and  31  shall  upon  conviction  thereof  be  fined  in  any 
sum  not  less  than  one  dollar  ($1.00)  and  not  more  than 
three  hundred  dollars  ($300.00). 

Sectiojst  33.  Abatement. — The  houses,  buildings, 
portion  of  buildings  and  places  mentioned  in  Sections 
26,  27,  28,  29,  30  and  31  are  hereby  declared  to  be  public 
nuisances,  and  upon  the  conviction  of  any  person  under 


12 


Sections  26,  27,  28,  29,  30  and  31,  the  Mayor  shall  order 
the  nuisance  abated. 

(Passed  February  5th,  1906.  Bk.  2,  p.  21 1,  212.) 


CHAPTER  V. 

ORDINANCES  FOR  THE  REGULATION  OF  PLACES 
WHERE  INTOXICATING  LIQUORS  ARE  SOLD. 

Section  34.  Closing. — It  shall  be  unlawful  for  any 
person  or  persons  to  sell  or  offer  for  sale  any  intoxicating 
liquors,  whether  distilled,  malt,  or  vinous,  on  the  first 
day  of  the  week,  commonly  called  Sunday,  and  during 
the  remainder  of  the  week  between  the  hours  of  eleven 
o’clock  P.  M.  and  five  o’clock  A.  M.;  all  ale,  beer  or 
porter  houses  and  all  other  places  where  such  intoxicat- 
ing liquors  are  at  any  time  sold  or  exposed  for  sale,  ex- 
cept regular  drug  stores,  shall  on  said  first  day  of  the 
week  and  at  all  other  times  between  said  hours  during  the 
remainder  of  the  week,  be  kept  securely  closed. 

Section  35.  Closing.^  continued. — It  shall  be  unlawful 
for  any  person,  by  agent  or  otherwise,  on  the  first  day  of 
the  week,  commonly  called  Sunday,  or  any  time  during 
the  remainder  of  the  week  between  the  hours  of  eleven 
o’clock  P.  M.  and  five  o’clock  A.  M.,  to  permit  any  per- 
son to  remain  in  or  pass  into  or  out  of  any  ale,  beer  or 
porter  house,  or  any  other  place  where  intoxicating 
liquors,  whether  malt,  distilled  or  vinous,  are  at  other 
times  sold  or  exposed  for  sale,  except  regular  drug  stores, 
and  over  which  place  such  person  has  as  owner,  proprie- 
tor or  employee,  any  control  whatever. 

Section  36.  Closing.^  continued. — It  shall  be  unlawful 
for  any  person  on  the  first  day  of  the  week,  commonly 
called  Sunday,  or  between  the  hours  of  eleven  o’clock 
P.  M.  and  five  o’clock  A.  M.  during  the  remainder  of 
the  week,  to  remain  in  or  pass  out  of  or  to  knowingly 


13 

enter  any  ale,  beer  or  porter  house  or  any  other  place 
where  intoxicating  liquors  are  sold  or  exposed  for  sale, 
except  at  regular  drug  stores,  but  this  and  the  preceding 
Sections  34,  35  and  36  shall  not  be  deemed  to  prohibit 
any  police  officer  of  the  Village  from  entering  or  passing 
out  of  said  place  at  any  time  for  the  purpose  of  discharg- 
ing his  duty  as  such  officer,  or  the  proprietor  thereof 
from  entering  therein  for  the  purpose  of  lighting  said 
place  or  extinguishing  the  lights  therein  or  for  any  other 
necessary  legitimate  purpose. 

Section  37.  Screens. — It  shall  be  unlawful  for  any 
person  or  persons  owning  or  conducting  such  ale,  beer  or 
porter  house  or  place  where  intoxicating  liquors  are  sold, 
to  have  the  windows  or  the  glass  in  the  doors  of  the  room 
or  rooms  where  such  business  is  carried  on  covered  or 
obstructed  by  shades,  blinds,  screens  or  any  obstructions 
or  coverings  whatsoever  which  shall  prevent  a free  view 
from  the  outside  thereof  of  the  interior  of  the  room  or 
rooms  wherein  said  business  is  carried  on  during  the  fol- 
lowing hours,  to-wit:  From  Saturday  at  eleven  o’clock 
P.  M.  to  the  following  Monday  at  5 o’clock  A.  M.,  and 
the  remainder  of  the  time  or  week  from  eleven  o’clock 
P.  M.  to  five  o’clock  A.  M.  Any  person  or  persons  own- 
ing or  conducting  ale,  beer  or  porter  houses  or  places 
where  intoxicating  liquors  are  sold  or  exposed  for  sale 
and  having  such  screens,  shades  or  blinds  or  other  ob- 
struction or  covering  hereinbefore  mentioned  shall  re- 
move the  same  and  keep  the  same  removed  during  the 
hours  and  times  hereinbefore  mentioned;  every  such 
room  shall  be  constructed  or  arranged  so  that  it  shall 
have  at  least  one  glass  window  or  at  least  one  door  with 
glass  therein,  through  which  a free  and  unobstructed 
view  may,  be  had  of  the  interior  thereof. 

Section  38.  Penalty. — Any  person  violating  any  of 
the  provisions  of  Sections  34,  35  and  37,  shall  upon  con- 
viction thereof  be  fined  in  any  sum  of  not  less  than 


14 

twenty-five  dollars,  nor  more  than  one  hundred  dollars, 
and  any  person  violating  any  of  the  provisions  of  pre- 
ceding Section  36,  shall  upon  conviction  thereof  be  fined 
in  any  sum  not  less  than  one  Inor  more  than  five  dollars; 
and  any  person  convicted  of  violating  Sections  34,  35, 
36  and  37,  shall  stand  committed  until  fine  and  costs  are 
paid  or  otherwise  discharged  by  due  course  of  law. 
(Passed  June  4th,  1906.  Bk.  2,  p.  242.) 


CHAPTER  VI. 

ORDINANCES  FOR  THE  REGULATION  OF 
PUBLIC  WAYS  AND  PUBLIC  GROUNDS. 

Section  39.  Trimming  Trees. — The  owners  or  agents 
of  the  owners  of  any  lot  or  parcel  of  land  fronting  on  any 
street  or  public  ground  within  said  Village,  shall  trim  or 
cause  to  be  trimmed  the  branches  from  trees  in  front  of 
or  on  such  lot  or  land  near  which  street  lamps  are  or  may 
be  placed  so  as  not  to  obstruct  the  light  upon  the  streets 
and  sidewalks,  and  shall  trim  all  branches  overhanging 
the  streets  or  sidewalks,  so  as  to  have  a clear  height  of 
eight  (8)  feet  above  the  surface  of  the  sidewalks  and 
roadway. 

Section  40.  Penalty. — Any  person  who  violates  or 
refuses  to  comply  with  any  of  the  provisions  of  the  pre- 
ceding Section  39,  shall  be  fined  in  any  sum  not  more 
than  twenty-five  dollars. 

(Passed  October  22d,  1891.  Bk.  i,  p.  69.) 

Section  41.  Trimming  Trees.,  continued. — The  own- 
er or  the  agent  of  a non-resident  owner,  of  any  lot  or 
parcel  of  land  fronting  on  any  street,  alley  or  public 
ground  in  said  Village,  in  which  shade  trees  are  planted 
and  growing,  shall  trim,  or  cause  to  be  trimmed,  the 
branches  from  the  trees  in  front  of  such  lot  or  parcel  of 
land,  so  as  not  to  obstruct  the  passage  of  light  from  street 
lamps  to  the  street  and  sidewalk,  and  so  as  not  to  inter- 


15. 

fere  with  the  construction,  operation  and  maintenance 
of  any  electric  light  line,  wire,  pole  or  fixture  belonging 
to  the  municipal  Electric  Light  plant  or  system  of  said 
Village,  and  if  any  such  owner  or  agent  fails  or  refuses 
to  comply  with  the  requirements  of  this  section,  after 
being  notified  to  do  so,  by  two  days  notice,  in  writing, 
served  upon  such  owner  or  agent  personally,  or  left  at 
his  usual  place  of  abode  by,  or  by  the  order  of  The  Board 
of  Trustees  of  Public  Affairs  of  said  Village,  it  shall  be 
the  duty  of  said  Board  of  Trustees  to  cause  said  trees  to 
be  trimmed  as  aforesaid  at  the  expense  of  the  owner  of 
the  property  in  front  of  which  the  Board  may  cause  such 
trees  to  be  trimmed,  and  report  to  Council  the  amount 
of  such  expense,  for  collection  in  the  manner  provided 
by  law. 

(Passed  July  7th,  1902.  Bk.  i,  p.  239,  240.) 

Section  42.  Awnings  aiid  Signs. — No  person  shall 
construct,  have  or  maintain  any  awning  or  other  cover- 
ing that  shall  project  over  the  sidewalk  of  any  street  in 
said  Village  of  any  material  other  than  textile  fabric 
with  necessary  frames  of  iron  to  support  the  same,  and 
such  frame  and  awning  shall  be  adjustable,  all  awnings 
and  signs  which  project  over  any  sidewalk  shall  be  ele- 
vated at  least  seven  (7)  feet  at  the  lowest  part  thereof 
above  sidewalk,  all  awnings  heretofore  erected  in  a differ- 
ent manner  shall  after  notice  from  the  Mayor  be  imme- 
diately removed. 

(Passed  June  4th,  1906.  Bk.  2,  p.  241.) 

Section  43.  Cleaning  Sidewalks.^  Etc. — The  occu- 
pant of  any  building  or  tenement,  or  the  owner  of  any 
unoccupied  building  or  vacant  lot,  fronting  upon  any 
street,  avenue,  square,  park,  common,  lane  or  alley  with- 
in said  corporation,  shall  clean  or  cause  to  be  cleaned, 
the  sidewalk  and  gutter  in  front  of  such  building,  tene- 
ment or  unoccupied  building  or  vacant  lot,  of  snow,  ice, 
dirt  and  filth,  by  nine  o’clock  in  the  forenoon  of  each 


i6 

day,  and  cause  the  same  to  be  kept  clean  and  free  from 
snow,  ice,  dirt,  filth  and  weeds. 

Section  44.  Penalty, — Whoever  violates  any  provis- 
ion of  preceding  section  43,  shall  be  fined  five  dollars 
($5.00)  or  imprisoned  not  less  than  five  nor  more  than 
ten  days,  or  both. 

(Passed  June  19th,  1893.  Book  i,  p.  86.) 


CHAPTER  VIL 

ORDINANCES  FOR  THE  REGULATION  OF 
RAILROADS. 

Section  45.  Obstruction  of  Street  Crossings. — No 
No  locomotive  or  railroad  car  or  train  of  cars  shall  be 
permitted  to  stand  upon  or  across  any  crossing  of  any 
street,  alley  or  other  public  way  in  said  Village  for  any 
period  longer  than  five  minutes,  and  when  any  locomo- 
tive, car  or  train  has  crossed  any  such  street,  alley  or 
public  way,  such  locomotive,  car  or  train  shall  not  re- 
cross, nor  shall  any  other  locomotive,  car  or  train  cross 
such  street,  alley  or  other  public  way,  until  all  persons 
detained  shall  have  had  full  time  to  cross  the  railroad 
tracks. 

Section  46.  Penalty. — Any  engineer,  conductor  or 
other  railroad  employee  or  railroad  company  violating 
any  of  the  provisions  of  the  preceding  Section  45,  shall 
be  fined  in  any  sum  not  exceeding  fifty  dollars. 

(Passed  April  20th,  1891.  Bk.  i,  p.  41.) 

Section  47.  Speed. — No  locomotive  or  railroad  car 
or  train  of  cars,  shall  be  run  at  a greater  rate  of  speed 
in  any  direction  than  fifteen  (15)  miles  per  hour  between 
the  following  limits  in  said  Village,  to-wit:  On  the  North 
side  of  the  Mahoning  River  between  the  West  line  of 
McGill  Street  and  the  East  line  of  Sixth  Street;  and  on 
the  South  side  of  the  Mahoning  River,  between  the  cor- 
poration limits  on  the  West,  and  the  direct  extension  of 
the  East  line  of  Sixth  Street  on  the  East. 


17 

Section  48.  Penalty, — An  engineer,  conductor  or 
railroad  company  violating  any  of  the  provisions  of  the 
preceding  Section  47,  shall  be  fined  in  any  sum  not  less 
than  five  ($5.00)  dollars,  and  not  more  than  fifty  ($50.00) 
dollars. 

(Passed  July  6th,  1891.  Bk.  i,  p.  53.) 

Section  49.  Whistles, — No  steam  whistle,  upon  any 
railway  locomotive,  shall  be  sounded  or  used  within  the 
limits  of  the  Village  of  Lowellville  except  such  whistle  be 
sounded  when  in  the  exercise  of  ordinary  care  it  shall  be 
necessary  to  do  so  in  order  to  prevent  a directly  impend- 
ing collision  or  when  there  is  unusual  and  immediately 
impending  danger  of  destroying  life  or  injuring  persons 
or  property  by  such  locomotive. 

Section  50.  Penalty. — Any  person,  company,  firm 
or  corporation  violating  any  provision  of  the  preceding 
Section  49,  shall  be  fined  not  less  than  one  dollar  ($1.00) 
nor  more  than  fifty  dollars  ($50.00)  which  fine  may  be 
recovered  by  prosecution  or  cjyil  action  before  any  court 
of  competent  jurisdiction. 

(Passed  February  19th,  1906.  Bk.  2,  p.  218.) 


CHAPTER  Vni. 

ORDINANCES  FOR  THE  PROHIBITION  OR  RESTRAINT 
OF  ANIMALS  RUNNING  AT  LARGE. 

Section  51.  Horses,,  Etc. — No  person  being  the 
owner  or  having  charge  of  any  animal  of  the  horse,  mule, 
cattle,  sheep,  swine,  goose,  or  goat  kind,  shall  permit  the 
same  to  run  at  large  on  any  open  lot,  street,  alley  or 
other  public  ground  within  the  corporation. 

Section  52.  Exception. — The  preceding  Section  51 
shall  not  be  construed  to  prohibit  or  interfere  with  the 


i8 

driving  of  said  animals  through  the  streets  to  and  from 
pasture  fields,  or  for  other  lawful  purposes. 

Section  53.  Penalty. — Any  person  violating  any 
provision  of  preceding  Sections  51  and  52,  shall  be  fined 
in  any  sum  not  more  than  ten  dollars,  and  this  penalty 
shall  be  in  addition  to  any  charge  or  penalty  that  may 
be  prescribed  in  any  ordinance  providing  for  the  im- 
pounding of  said  animals. 

(Passed  May  i8th,  1891.  Bk.  i,  p.  44.) 

Section  54.  Registration  of  Dogs. — The  owner, 
keeper  or  harborer  of  every  dog  within  the  Village  of 
IvOwellville,  shall  be  required  to  have  the  same  regis- 
tered with  the  Clerk  of  said  Village,  and  shall  pay  for 
such  registration  the  sum  of  fifty  cents  (50c)  for  each 
male  or  splayed  female  dog  or  whelp  and  one  dollar 
($1.00)  for  each  unsplayed  female  dog  or  whelp,  which 
sum  of  money  shall  be  placed  to  the  credit  of  the  General 
Fund,  and  paid  into  the  Village  treasury;  and  a fee  of 
ten  (loc)  cents  to  be  paid  to  the  Village  Clerk  by  the 
person  registering  each  animal,  for  his  services  rendered 
in  such  registration. 

Section  55.  Certificate  of  Registratioji. — The  Vil- 
lage Clerk  shall  give  a receipt  and  a certificate  of  regis- 
tration bearing  the  signature  and  official  seal  of  the  Vil- 
lage Clerk,  and  containing  also  a description  of  the  ani- 
mal so  registered,  the  name  and  place  of  residence  of  the 
person  owning,  keeping  or  harboring  the  same,  and  the 
place  where  the  animal  so  registered  is  kept,  and  also 
give  a metal  tag  hereinafter  required,  which  certificate 
of  registration  shall  not  be  transferable. 

Section  56.  Tags  and  Penalty. — Bach  year  the  Vil- 
lage Clerk  shall  procure  metal  tags  having  stamped 
thereon  the  number  of  the  year  in  which  the  license  is 
issued,  and  the  letters  V.  of  B.  M.  D.  for  male  dogs. 


19 

and  V.  of  L.  F.  D.  for  female  dogs,  as  the  case  may  be. 
Any  person  counterfeiting  the  aforesaid  tags  or  placing 
any  except  the  authorized  tag  upon  the  collar  of  a dog, 
shall  be  subject  to  a fine  of  not  more  than  twenty-fivC 
dollars  ($25.00). 

Section  57.  ^ Collar, — Every  dog  so  licensed  shall 
wear  a collar  around  his  neck  with  the  metal  tag  afore- 
said securely  fastened  to  it.  In  case  any  tag,  duly  issued) 
shall  be  lost,  the  owner  thereof  may  on  presentation  ot 
his  certificate  and  payment  of  ten  cents  (.10)  to  the  Vil- 
lage Clerk  make  proof  of  loss,  and  receive  another  simi- 
lar tag  as  a substitute  thereof.  The  Village  Clerk  may 
require  a sworn  statement  as  proof  of  loss. 

Section  58.  Records  and  Reports, — It  shall  be  the 
duty  of  the  Village  Clerk  to  keep  a book  in  which  he 
shall  record  a duplicate  of  every  certificate  issued  and 
shall  report  to  the  Council,  at  the  first  regular  meeting 
of  each  month,  the  number  of  certificates  issued  and  also 
the  amount  of  tax  received. 

Section  59.  Annual  Notice, — The  Village  Clerk 
shall  in  January  of  each  year  cause  to  be  published  in 
two  daily  papers  of  general  circulation  in  said  Village,  a 
warning  notice  of  the  requirements  of  this  ordinance. 

Section  60.  Dog  Marshal^Etc. — If  any  dog  described 
in  preceding  Section  54,  shall  be  found  running  at  large 
upon  any  street,  sidewalk  or  public  ground  of  the  Village 
contrary  to  the  several  requirements  of  preceding  Sec- 
tions  54,  55,  56,  57,  58  and  59  respecting  registration, 
collar  and  tag,  it  shall  be  the  duty  of  the  Marshal  of  the 
Village  and  of  each  deputy  Marshal,  and  of  any  officer 
appointed  for  that  purpose,  to  capture  said  dog,  and  if  the 
same  cannot  be  captured,  it  may  be  killed  by  the  officer 
in  pursuit.  Every  dog  not  wearing  the  aforesaid  collar 
and  tag  is  hereby  declared  unregistered. 


20 


Section  6i.  Impounding  a7td  Rede^nption, — Every 
dog  thus  captured  shall  be  confined  in  the  Village  pound, 
or  some  other  public  place  to  be  provided  by  the  Council 
for  the  purpose;  and  if  not  redeemed  by  the-  owner,  har- 
borer  or  keeper  of  the  same  within  24  hours  from  the 
time  of  the  capture,  said  dog  shall  be  killed.  When  so 
redeemed  said  owner,  harborer  or  keeper  of  the  same 
shall  pay  for  every  dog  of  the  male  kind  the  sum  of  fifty 
cents  (.50)  and  for  every  dog  of  the  female  kind  the  sum 
of  one  dollar  ($1.00)  which  several  amounts  shall  be  paid 
into  the  Village  treasury  and  placed  to  the  credit  of  the 
General  Fund. 

Section  62.  Hindering  Officers. — Any  person  who 
shall  hinder,  obstruct  or  resist  any  officer  in  the  enforce- 
ment  of  preceding  Sections  54,  55,  56,  57,  58,  59,  60,  61 
and  62,  or  shall  aid  in  the  release  of  any  dog  when  so 
captured  may  be  fined  in  any  sum  not  to  exceed  ten 
dollars  ($10.00). 

Section  63.  Term  of  Registration. — Such  registra- 
tion shall  have  effect  for  one  year  from  the  time  of  its 
date  and  shall  be  renewed  annually  on  the  same  terms. 

(Passed  February  19th,  1906.  Bk.  2,  p.  219,  220, 
221  and  222.) 


CHAPTER  IX. 

ORDINANCES  FOR  THE  GRANTING  OF  LICENSES. 

Section  64.  Auctions. — No  person  shall  sell  at  auction 
vendue  or  public  outcry,  within  the  limits  of  the  Village 
of  Eowellville,  Ohio,  any  goods,  wares  or  merchandise 
imported  into  the  corporation  for  the  purpose  of  being 
sold  at  auction,  without  first  obtaining  a license  therefor. 

Section  65.  License. — The  Mayor  shall  make  out 
and  deliver  to  any  person  applying  for  the  same,  an  auc- 
tion license  upon  payment  to  him  by  such  person  of  the 


21 


sum  of  five  dollars  for  each  day,  or  fifteen  dollars  for 
each  week  such  auction  shall  continue. 

Section  66.  Penalty. — Whoever  violates  any  pro- 
vision of  preceding  Sections  65  and  66,  shall  be  fined  in 
any  sum  not  less  than  five  dollars  nor  more  than  fifteen 
dollars. 

(Passed  June  17th,  1890.  Bk.  i,  p,  27.) 

Section  67.  Exhibitions  and  Shows. — It  shall  be  un- 
lawful for  any  person  to  exhibit  or  perform,  or  cause  to 
be  exhibited  or  performed,  within  the  limits  of  the  Vil- 
lage of  Lowellville,  Ohio,  any  theatrical  exhibition, 
'public  show,  or  exhibition  of  whatever  name  or  nature 
for  which  money  or  other  reward  is  in  any  manner  de- 
manded or  received,  without  first  obtaining  a license 
therefor. 

Section  68.  License. — The  Mayor  shall  make  out 
and  deliver  to  any  person  applying  for  the  same,  a 
license  upon  the  following  sums  being  paid  to  him  by 
such  persons:  ist,  for  a circus,  menagerie  of  animals, 
or  other  show  or  exhibition  performed  or  exhibited  under 
a tent,  or  other  temporary  structure,  five  dollars  for  each 
day  of  performance  or  exhibition;  2nd,  the  owner  or 
lessee  of  any  hall  or  opera  house  shall  upon  payment  of 
fifteen  dollars  receive  a license  good  for  one  year  from 
date  of  issue  for  all  shows  or  exhibitions  held  in  said 
hall  or  opera  house;  3rd,  for  all  other  shows  or  exhibi- 
tions, one  dollar  for  each  day  of  performance  or  exhibi- 
tion. 

Section  69.  Exceptions. — Lectures  upon  scientific, 
historic  or  literary  subjects  and  concerts,  exhibitions  or 
other  amateur  performances,  given  or  made  by  citizens 
of  this  Village,  or  for  charitable  purposes,  shall  not  come 
within  the  provisions  of  preceding  Sections  66  and  67. 


22 


Section  70.  Penalty, — Any  person  violating  any  of 
the  provisions  of  preceding  Sections  68,  69  and  70,  shall 
be  fined  in  any  amount  or  sum  not  less  than  two  dollars 
nor  more  than  ten  dollars. 

(Passed  March  7th,  1898.  Bk.  i,  p.  108.) 

Section  71.  Peddling. — No  peddler  shall  sell  or  offer 
for  sale  any  goods,  wares  or  merchandise,  or  any  article 
of  value,  within  the  limits  of  the  Village  of  Lowellville, 
Ohio,  without  first  obtaining  a license  therefor. 

Section  72.  License. — The  Mayor  shall  make  out 
and  deliver  to  any  person  applying  for  the  same,  a ped- 
dler’s license  upon  payment  to  him  by  such  person:  For 
two  horses  and  a wagon,  the  sum  of  twenty-five  dollars 
for  an  annual  license,  or  fifteen  dollars  for  a semi-annual 
license,  or  three  dollars  for  a monthly  license,  or  one 
dollar  for  a one  day  license.  For  one  horse  and  wagon 
or  motor  vehicle,  fifteen  dollars  for  an  annual  license,  or 
ten  dollars  for  a semi-annual  license,  or  two  dollars  for  a 
monthly  license,  or  seventy-five  cents  for  a one  day 
license.  For  a peddler  without  horse  and  wagon  or 
motor  vehicle,  five  dollars  for  an  annual  license,  or  three 
dollars  for  a semi-annual  license,  or  one  dollar  for  a 
monthly  license.  And  every  peddler  while  peddling 
shall  carry  his  license,  and  shall  exhibit  the  same  if  re- 
quested to  any  purchaser  or  Village  officer. 

Section  73.  Exceptions.  — Preceding  Sections  72 
and  73  shall  not  be  construed  to  require  of  any  manufac- 
turer of  any  article  manufactured  by  him,  license  or  au- 
thority to  vend  or  sell  in  any  manner  by  himself  or  agent, 
any  such  article  or  product,  nor  shall  be  construed  to 
apply  to  any  person  selling  or  offering  for  sale  fruits,  veg- 
etables, milk  or  agricultural  produce  of  any  kind  of  his 
own  raising  or  production,  nor  to  children  under  sixteen 
years  of  age  who  peddle  newspapers. 


23 

Section  74.  Restriction. — A license  to  peddle  shall 
not  authorize  the  person  named  therein  to  sell  or  offer 
for  sale  goods,  wares  or  merchandise  at  auction,  vendue 
or  public  outcry,  nor  to  sell  the  same  by  the  agency  of 
any  other  person. 

Section  75.  Penalty. — Whoever  violates  any  provis- 
ion of  preceding  Sections  72,  73,  74  and  75,  shall  be  fined 
not  less  than  three  dollars  nor  more  than  fifty  dollars. 

(Passed  Sept,  ist,  1902.  Bk.  2,  p.  45,  46.) 


Title  II. 

ORDINANCES  OF  A GENERAL  NATURE 
UNDER  SPECIAL  POWERS. 


CHAPTER  X. 

ORDINANCES  RELATING  TO  THE  GENERAL  CONTROL  OF 

STREETS. 

Section  76.  Names  of  Streets. — The  streets  and 
public  ways  of  said  Village  North  of  the  Mahoning  River 
shall  be  known  and  designated  by  the  names  by  which 
they  are  designated  upon  the  map  of  the  territory  incor- 
porated as  said  Village,  and  the  streets  and  public  ways 
of  said  Village  South  of  said  river  shall  be  known  and 
designated  by  the  names  by  which  they  are  designated 
upon  the  original  town  plat  of  McGillsville,  except  that 
the  street  designated  on  said  plat  as  Water  Street  shall 
be  known  and  designated  as  Railroad  Street,  and  the 
street  designated  on  said  plat  as  Liberty  Street  shall  be 
known  and  designated  as  Smith  Street. 

(Passed  April  20th,  1891.  Bk.  i,  p.  42.) 


24 

Section  77.  Monroe  Street. — The  street  heretofore 
known  and  designated  as  Main  Street  shall  be  hereafter 
known  and  designated  as  Monroe  Street. 

(Passed  June  15th,  1891.  Bk.  i,  p.  52.) 


CHAPTER  XI. 

ORDINANCES  RELATING  TO  STREET  GRADES. 

Section  78.  Base  of  Levels  North  Side. — The  Stone 
Monument,  situated  on  the  East  line  of  Second  Street, 
distant  fifty-one  feet  and  eight  inches,  measuring  in  a 
Southerly  direction,  and  along  the  East  line  of  Second 
Street  from  the  South-east  corner  of  Wood  Street  and 
Second  Street,  shall  be,  and  the  same  is  hereby  made 
and  established  the  Standard  Base  of  Eevels,  and  plans 
of  reference  for  grades  of  streets,  sewers,  sidewalks  and 
all  other  levels,  in  said  incorporated  Village  North  of  the 
Mahoning  River.  The  elevation  of  the  top  of  said  mon- 
ument shall  be  one  hundred  feet  (100). 

Section  79.  Base  of  Levels.^  South  Side. — The  Stone 
Monument  situated  on  the  East  line  of  Washington  Street, 
distant  sixty  feet  and  four  inches,  measuring  in  a South- 
erly direction  and  along  the  East  line  of  Washington 
Street,  from  the  South-east  corner  of  Washington  Street 
and  Railroad  Street,  shall  be  and  the  same  is  hereby 
made  and  established  the  Standard  Base  of  Eevels,  and 
plans  of  reference  for  grades  of  streets,  sewers,  sidewalks, 
and  all  other  levels  South  of  the  Mahoning  River  in  said 
incorporated  Village.  The  elevation  of  the  top  of  said 
monument  shall  be  fifty  feet  (50). 

(Passed  April  6th,  1895.  Bk.  i,  p.  95.) 


25 

CHAPTER  XXL 

ORDINANCES  RELATING  TO  SIDEWALKS. 

Section  8o.  Construction  mtd  Repair. — All  owners 
of  lots  and  lands  abutting  upon  any  public  highway, 
street,  alley  or  public  ground  within  said  Village,  shall, 
whenever  required  by  a resolution  of  the  Council,  accord- 
ing to  law  construct,  pave  and  keep  in  repair,  good  and 
sufficient  sidewalks  in  front  of  their  respective  premises 
according  to  the  grade  established,  and  inj  accordance 
with  such  plans  and  specifications  as  the  Council  may 
prescribe  and  under  the  supervision  of  the  Council  or  a 
committee  thereof,  or  such  officer  as  the  Council  may 
designate. 

Section  8i.  Constructioii  and  Repair.,  continued. — 
Whenever  the  owner  of  any  lot  or  parcel  of  land  shall 
fail,  neglect  or  refuse  to  construct  or  pave  any  sidewalk, 
as  provided  in  preceding  Section  8o,  within  thirty  days 
after  the  passage  and  service  of  any  resolution  of  the 
Council  requiring  the  same  to  be  done,  or  fail,  neglect 
or  refuse  to  replace  the  same,  within  ten  days  after  the 
passage  and  service  of  any  resolution  of  the  Council  re- 
quiring such  repairs  to  be  made,  such  sidewalks  shall  be 
constructed,  paved  or  repaired  by  the  Council  at  the  ex- 
pense of  the  owner,  which  expense  shall  be  collected, 
with  penalty  and  interest,  from  the  owner  in  the  manner 
prescribed  by  law. 

(Passed  Sept.  i6th,  1890.  Bk.  i,  p.  32.) 

Section  82.  Width. — The  width  of  all  sidewalks 
within  said  incorporated  Village  measuring  from  the 
curbstone  thereof  shall  be  as  follows,  to-wit:  On  all 
streets  sixty  (60)  feet  wide,  eight  (8)  feet;  on  all  streets 
fifty  (50)  feet  wide,  .seven  (7)  feet;  on  all  streets  forty  (40) 
feet  wide,  six  (6)  feet;  and  on  all  streets  less  than  forty 
(40)  feet  wide,  six  (6)  feet. 

(Passed  Sept.  14th,  1896.  Bk.  i,  p.  115.) 

Section  83.  Pavefuent. — The  pavement  of  all  side- 
walks upon  any  streets  and  parts  of  streets  when  a grade 


26 

has  been  or  shall  hereafter  be  established  shall  be  of 
natural  or  artificial  stone,  which  shall  be  constructed  and 
kept  in  repair  in  accordance  with  the  following  specifi- 
cations : 

Width  of  Pavement. — On  the  North  side  of  Water 
Street  from  First  Street  to  Third  Street,  seven  and  one- 
half  (7^)  feet  wide.  On  the  North  side  of  Water  street 
from  Third  Street  to  Sixth  Street,  (five  (5)  feet  wide. 
On  the  North  side  of  Liberty  Street  from  First  Street  to 
Fourth  Street,  five  (5)  feet  wide.  On  both  sides  of  Sec- 
ond Street  from  Water  Street  to  Liberty  Street,  five  (5) 
feet  wide.  On  the  West  side  of  Third  Street  from  Water 
Street  to  Liberty  Street,  five  (5)  feet  wide.  On  the  East 
side  of  Third  Street  from  Water  Street  to  Liberty  Street, 
five  (5)  feet  wide.  On  the  East  side  of  Washington  Street 
from  the  Mahoning  River  Bridge  to  Railroad  Street,  five 
(5)  feet  wide.  On  the  West  side  of  Washington  Street 
from  the  Mahoning  River  Bridge  to  Railroad  Street,  five 
(5)  feet  wide.  On  streets  and  parts  of  streets  not  other- 
wise specified,  four  (4)  feet  wide. 

Slope. — All  sidewalk  pavements  shall  incline  toward 
the  curb  line  one  in  thirty-eight  except  for  special  reas- 
ons, as  at  intersections,  when  the  sidewalk  shall  be  laid 
to  such  slope  as  may  be  necessary  to  conform  to  inter- 
secting grades. 

Material  for  Natural  Stone  Pavements. — Stone  shall 
be  of  best  quality  sawed  stone  of  uniform  texture,  of 
smooth  and  true  upper  surface  and  not  less  than  two  and 
one-half  (2^)  inches  thick.  All  natural  stone  walks 
shall  be  constructed  with  one  stone  in  width.  The  edges 
shall  be  made  square  and  smooth  so  that  the  joints  will 
fit  close  and  be  of  even  height.  The  cross  joints  shall 
be  not  more  than  two  and  one-half  (2^)  inches  out  of 
square  in  a five  (5)  foot  walk,  nor  more  than  two  (2) 
inches  in  a four  (4)  foot  walk.  The  edges  of  the  stone 
forming  the  cross  joints  shall  be  dressed  straight  and 
true,  so  that  when  laid  the  joints  shall  be  close  at  the 
upper  surface  of  the  stone  and  not  over  one-eighth  ( yi) 


27 


inch  wide  at  a distance  of  one  and  one-half  (i^)  inches 
from  the  surface  down.  The  edges  of  stone  when  laid 
shall  be  pitched  off  to  straight  lines  so  as  to  make  a pave- 
ment of  the  full  specified  and  uniform  width.  Care  shall 
be  taken  to  trim  the  edges  to  a true  line  and  nowhere  in 
the  depth  of  the  flagging  shall  the  stone  be  broken  under 
this  line  more  than  one-half  inch.  The  stone  chips 
shall  be  cleaned  away  from  both  edges  of  the  pavement. 
The  new  sidewalk  pavement  must  be  laid  for  the  full 
length  of  the  same  and  to  the  grade  established  and  shall 
make  an  even  junction  with  any  connecting  sidewalk 
heretofore  constructed  by  order  of  Council.  And  in 
case  there  is  no  such  connecting  sidewalk  the  earth  shall 
be  graded  from  the  end  of  the  new  sidewalk  at  a grade 
not  steeper  than  eighteen  (i8)  inches  in  ten  (lo)  feet  and 
left  in  the  same  condition  of  surface  as  before. 

Grading  for  Natural  Stone. — The  earth  shall  be  ex- 
cavated for  a width  of  two  (2)  inches  on  each  side  greater 
than  the  width  of  the  pavement  to  be  laid  and  to  a uni- 
form depth  of  six  and  one-half  (6^)  inches  below  the  top 
of  the  flagging  when  laid.  The  lawn  or  space  between 
the  curb  line  and  sidewalk  pavement  shall  be  graded  in 
cuts  far  enough  to  allow  the  free  flow  of  water  away 
from  the  sidewalk  and  in  fills  the  earth  shall  be  banked 
up  to  protect  ballast. 

Ballast  for  Natural  Sto7ie. — The  flagging  shall  be  laid 
on  a bed  of  (mill  ashes)  or  gravel  put  in  four  (4)  inches 
in  depth  two  (2)  inches  wider  on  either  side  than  the  width 
of  walk  to  be  laid.  The  ashes  to  be  clean  and  clinkers  to 
be  excluded  or  broken.  The  ballast  shall  be  filled  high 
enough  to  bring  the  surface  of  the  flag  one  inch  above  the 
grade,  and  the  flag  shall  be  racked  back  and  forth  with 
bars  until  surface  of  the  flag  is  settled  to  the  exact  grade. 

Grading  for  Artificial  Sto7ie. — The  earth  shall  be  ex- 
cavated for  a width  of  three  (3)  inches  on  each  side  greater 
than  the  width  of  the  pavement  to  be  constructed  and 
to  a uniform  depth  of  eight  (8)  inches  below  the  top  sur- 


28 


face  of  the  pavement  when  completed.  The  lawn  or 
space  between  the  curb  line  and  sidewalk  pavement  shall 
be  graded  in  cuts  far  enough  to  allow  the  free  flow  of 
water  away  from  the  sidewalk  and  in  fills  the  earth  shall 
be  banked  up  to  protect  ballast. 

Sub-Base  or  Foundation  for  Artificial  Stone. — The 
sub-base  or  foundation  for  artificial  stone  sidewalk  pave- 
ments shall  be  built  of  mill  ashes  or  gravel  not  less  than 
four  (4)  inches  deep;  shall  be  tamped  to  a uniform  degree 
of  firmness  and  shall  extend  three  (3)  inches  on  either 
side  of  pavement.  Ashes  shall  be  clean  and  hard  with 
clinkers  excluded  or  finely  broken. 

Concrete  Base  for  Artificial  Stone. — The  concrete  base 
for  artificial  stone  sidewalk  pavement  shall  be  not  less 
than  three  (3)  inches  deep  made  of  one  (i)  part  cement  to 
six  (6)  parts  of  clean,  sharp,  coarse  sand  or  gravel.  The 
said  cement  to  be  thoroughly  mixed  dry  and  made  into 
stiffer  mixture  with  the  least  possible  amount  of  water, 
then  spread  over  the  sub-base  and  well  and  evenly  com- 
pact by  tamping  to  a height  not  higher  than  one  (i) 
inch  below  grade  to  receive  the  wearing  surface. 

Wearing  Surface  of  Artificial  Stone. — The  wearing 
surface  of  artificial  stone  sidewalk  pavement  shall  not 
be  less  than  one  (i)  inch  in  thickness  and  shall  consist 
of  one  (i)  part  cement  to  two  (2)  parts  of  coarse  screened 
sand.  The  sand  and  cement  to  be  thoroughly  mixed 
dry  and  just  sufficient  water  added  that  when  tempered 
into  mortar  and  well  tamped  upon  the  base,  water  will 
rise  upon  the  surface  after  which  it  shall  be  stroked 
with  a straight  edge  and  floated  and  troweled  to  a true 
finish  exactly  to  grade  and  slope.  The  sidewalk  pave- 
ment shall  be  put  in  between  guide  strips  securely 
fastened  to  grade  and  line  and  laid  in  sections  four  (4) 
to  five  (5)  feet  long  with  a square  vertical  joint  through 
the  depth  of  the  concrete.  The  joints  to  be  made  by  a 
strip  of  paper  or  by  equivalent  means.  On  steep  grade 
the  walks  shall  be  floated  to  a rough  grained  surface. 


29 

Material  for  Artificial  Stone. — The  cement  to  be  used 
in  the  construction  of  the  above  artificial  stone  sidewalk 
pavement  shall  be  Portland  cement  of  the  best  quality  or 
a cement  that  in  the  judgment  of  the  Council  is  equal  to 
this.  The  sand  shall  be  clean,  sharp,  screened  sand  con- 
taining not  more  than  five  (5)  per  cent  of  loam. 

Cleaning  Up. — Surplus  earth,  spawls  and  rubbish 
shall  be  removed  and  the  streets  left  clean  and  in  good 
order  in  front  of  each  premises  as  soon  as  the  sidewalk 
is  completed. 

Depositing  Materials. — Any  person  snail  be  entitled 
to  occupy  in  front  of  any  premises  for  the  purpose  of 
sidewalk  construction  or  repair,  one-third  {yf)  of  the 
width  of  the  street  between  curb  lines,  but  shall  not 
occupy  within  three  (3)  feet  of  any  street  railway  track 
or  steam  railway  track  and  shall  keep  the  streets,  gut- 
ters, clean  and  unobstructed  at  all  times. 

Control  of  Work.  — The  work  of  constructing  and  re- 
pairing sidewalks  shall  be  under  the  immediate  control 
of  the  Council,  or  of  an  engineer  or  inspector  appointed 
by  the  Council  for  such  purpose.  No  person  shall  begin 
work  or  deposit  any  sidewalk  material  in  front  of  any 
premises  until  he  has  obtained  the  permit  from  the 
Council,  or  from  the  said  engineer  or  inspector  appointed 
by  the  Council,  and  if  any  sidewalk  in  the  course  of 
construction  or  repair  shall  not  comply  with  the  ordi- 
nances, resolutions,  grades,  plans  and  specifications  pre- 
scribed by  said  Village  for  the  constuction  and  repairing 
of  said  sidewalks,  such  permit  may  be  revoked  and  the 
work  stopped.  Grade  and  line  stakes  shall  be  set  by 
the  Village  and  no  permit  shall  be  issued  until  the 
grade  and  line  have  been  marked.  No  sidewalk  shall 
be  considered  as  approved  by  the  Village  until  the  same 
shall  have  been  inspected  by  the  Council  or  by  said  en- 
gineer or  inspector  and  accepted  by  the  Council. 

(Passed  May  21st,  1906.  Bk.  2,  p.  233.) 


30 

CHAPTER  XIIL 

ORDINANCES  RELATING  TO  FINANCES  AND  TAXATION. 

Section  84.  Depository  for  Village  Fu7tds. — The 
Public  monies  coming  into  the  hands  of  the  Treasurer 
of  said  Village  shall  be  deposited  by  said  Treasurer  in  a 
bank  to  be  designated  as  the  depository  for  such  money 
by  the  Council  of  said  Village  in  the  manner  herein- 
after provided. 

Section  85.  Advertisements  and  Proposals. — Upon 
the  taking  effect  of  this  ordinance,  and  thereafter  when 
directed  by  the  Council,  the  Village  Clerk  shall  publish 
one  time  in  oue  newspaper  printed  and  of  general  cir- 
culation in  Mahoning  County,  Ohio,  a notice  which 
shall  invite  sealed  proposals  from  the  banks  situated 
within  said  County,  which  proposals  shall  stipulate  a 
rate  of  interest  said  bank  will  pay  respectively  for  the 
use  of  public  ijioney  aforesaid. 

Section  86.  Award. — At  the  regular  meeting  of 
the  Council  held  next  after  the  expiration  of  one  week 
from  the  publication  of  such  notice,  the  Council  shall 
open  such  sealed  proposals,  and  shall  award  the  use  of 
such  money  to  the  bank  offering  the  highest  rate  of  in- 
terest therefor,  but  if  two  or  more  banks  offer  the  same 
high  rate  of  interest  therefor,  the  use  of  the  money  may 
be  awarded  to  either  of  them  or  the  Council  may  in  any 
case  reject  all  proposals  and  advertise  for  others  in  the 
manner  aforesaid. 

Section  87.  Bond. — No  such  award  shall  be  bind- 
ing until  there  is  executed  by  the  designated  bank  and 
approved  by  the  Council,  a bond  according  to  law,  pay- 
able to  said  Village  in  the  sum  of  Five  Thousand 
($5000.00)  Dollars  and  conditioned  for  the  receipt,  safe 
keeping  and  the  payment  over  as  provided  herein  of  all 
the  money  which  may  be  deposited  in  such  bank  under 
and  by  virtue  of  this  ordinance,  together  with  the  in- 
terest thereon  at  the  rate  specified  in  its  proposal,  and 


31 

further  conditioned  for  the'  faithful  performance  by  the 
bank  of  all  the  duties  imposed  by  law  and  this  ordinance 
on  the  depository  of  such  money. 

Section  88.  Re- Award  on  Default. — If  a bank  to 
which  an  award  is  made  as  aforesaid  fails  to  execute  the 
required  undertaking  to  the  approval  of  said  Council 
within  one  week  after  the  award  is  made,  Council  may 
award  the  use  of  money  to  any  other  bank,  the  proposal 
of  which  offers  the  same  rate  of  interest  therefor  as  is 
designated  in  the  proposal  of  such  defaulting  bank,  or 
the  Council  may  reject  all  bids  and  re-advertise  for 
others  in  the  manner  above  specified.  And  in  case  of 
any  award  after  such  default,  the  bank  to  which  such 
award  is  made  shall  execute  an  undertaking  as  above 
provided. 

Section  89.  7>rw,  Additional  Security.^  Etc. — The 

bank  to  which  the  award  is  made  shall  upon  the  accept- 
ance of  such  undertaking  by  Council,  become  the  de- 
pository of  the  money  aforesaid  for  the  term  of  two 
years,  but  the  Council  may  require  additional  security 
from  the  bank  at  any  time  it  deems  the  same  necessary 
in  such  sum  as  the  Council  shall  designate,  and  if  the 
bank  refuse  and  neglect  for  a period  of  one  week  after 
notice  of  such  requirement  to  give  additional  security, 
the  removal  of  said  money  therefrom,  forthwith,  may  be 
ordered  by  the  Council,  and  thereupon  the  order  for 
such  removal  shall  be  entered  upon  the  records  of  pro- 
ceedings of  the  Council  and  the  Village  Clerk  shall 
thereupon  issue  his  warrant  for  the  withdrawal  of  said 
money  from  the  depository,  and  the  Village  Treasurer 
shall  issue  checks  accordingly  for  its  removal. 

Section  90.  Deposits. — The  Village  Treasurer  upon 
the  receipt  of  a written  notice  from  the  Village  Clerk, 
stating  that  the  depository  has  been  selected  and  nam- 
ing the  bank  selected,  deposit  in  said  depository  all  the 
money  in  his  custody  belonging  to  said  Village  and  de- 
posit therein,  thereafter,  all  the  public  monies  of  said 


32 

Village  coming  into  his  hands  as  such  Treasurer,  pro- 
vided, however,  that  the  total  of  such  money  on  deposit 
in  such  bank  shall  at  no  time  exceed  five-sixths  (5-6)  of 
amount  of  the  undertaking,  nor  exceed  the  maximum 
amount  limited  by  law. 

Section  91.  Checks  and  Statements. — The  deposi- 
tory shall  pay  out  money  deposited  under  the  provisions 
of  this  ordinance  only  on  the  checks  of  the  Village 
Treasurer,  and  such  depository  shall  on  the  first  day  of 
each  month  render  a statement  to  the  Village  Clerk, 
showing  all  deposits  made  to  the  credit  of  the  Village 
and  all  checks  of  the  Village  Treasurer  paid  during  the 
preceding  month. 

(Passed  February  5th,  1906.  Bk.  2,  p.  214.) 


Title  III. 

ORDINANCES  RELATING  TO  THE  OR- 
GANIZATION OF  THE  VILLAGE. 

CHAPTER  XIV. 

ORDINANCES  RELATING  TO  THE  COUNCIL. 

Section  92.  Regular  Meetings. — The  regular  meet- 
ings of  the  Council  shall  be  held  in  the  Mayor’s  office  in 
said  Village  on  the  first  and  third  Mondays  of  each 
month  at  half-past  seven  o’clock  P.  M.,  standard  time, 
from  April  to  September  inclusive,  and  at  seven  o’clock 
P.  M.,  standard  time,  from  October  to  March  inclusive. 

(Passed  Dec.  4th,  1899.  Bk.  i,  p.  145.) 

Section  93.  Special  Meetings. — The  Mayor  or  three 
members  may  call  a special  meeting  of  the  Council,  upon 
at  least  twelve  hours’  written  notice  to  each  member, 
served  personally  or  left  at  his  usual  place  of  residence. 

(Passed  April  4th,  1904.  Bk.  2,  p.  114.) 


33 

Section  94.  Places  to  Post  Ordinances, — The  fol- 
lowing places,  to-wit: 

r.  The  Mahoning  Valley  Railway  Station,  Tiberty  St., 

2.  The  Pittsburg  & Lake  Erie-  Depot,  Third  St., 

3.  Willis  Collins’  Barber  Shop,  Water  St, 

4.  The  Leish  Building  on  Water  St., 

5.  W.  J.  Lomax’s  Store  on  Washington  St., 

are  determined  to  be  and  designated  as  the  five  most  public 
places  in  said  Village  of  Lowellville,  State  of  Ohio,  at 
which  copies  of  all  ordinances,  resolutions,  statements, 
orders,  proclamations,  notices  and  reports  which  require 
publication  shall  be  posted. 

(Passed  Aug.  ist,  1904.  Bk.  2,  p.  142.) 


CHAPTER  XV. 

ORDINANCES  RELATING  TO  EXECUTIVE  OFFICERS. 

Section  95.  Board  of  Trustees  of  Public  Affairs. — 
There  is  created  a Board  of  Trustees  of  Public  Affairs 
for  said  Village,  which  shall  consist  of  three  (3)  members 
who  shall  have  the  qualifications,  and  shall  be  chosen  in 
the  manner  and  for  the  term  provided  in  Section  205 
of  an  act  entitled, 

AN  ACT, 

“ To  provide  for  the  organization  of  cities  and  incorpo- 
rated villages,  and  to  restrict  their  power  of  taxation,  as- 
sessments, borrowing  money,  contracting  debts,  and  loan- 
ing their  credit,  so  as  to  prevent  the  abuse  of  such  pow- 
ers, as  required  by  the  Constitution  of  Ohio,  and  to  repeal 
all  sections  of  the  Revised  Statutes  inconsistent  here- 
with,” passed  October  22nd,  1902,  and  said  Board  shall 
organize  in  the  manner  and  exercise  all  the  authority, 
and  have  all  the  powers  and  perform  all  the  duties  pro- 
vided by  said  Section  205  of  said  act. 

(Passed  March  i6th,  1903.  Bk.  2,  p.  61.) 

Section  96.  Deputy  Marshals. — The  Deputy  Mar- 
shals of  said  Village  shall  be  two  in  number,  whose  du- 


34 

ties  and  compensation  shall  be  such  as  is  or  may  be  pro- 
vided by  law.  \_Note. — See  amendment.]  The  period 
of  service  of  Deputy  Marshals  shall  begin  on  the  first 
Monday  in  January  in  each  year,  and  each  Deputy  Mar- 
shal shall  serve  for  one  year  and  until  his  successor  is 
chosen  and  qualified. 

(Passed  February  5th,  1906.  Bk.  2,  p.  209.) 

There  is  hereby  provided  for  said  Village,  one  Deputy 
Marshal,  whose  duties  and  compensation  shall  be  such 
as  is  and  may  be  provided  by  law,  and  ordinance. 

Passed  March  i8th,  1907. 

Thos.  F.  Varley,  [Seal.] 

Mayor  and  Ex-Officio  President  of  Council. 

F.  C.  Breneman,  [Seal.] 

Clerk. 

Section  97.  Dog  Marshal. — An  officer  known  as 
Dog  Marshal  shall  be  appointed  by  the  Mayor  by  and 
with  the  consent  of  the  Council,  and  shall  hold  office  for 
one  (i)  year  from  and  after  the  first  Monday  in  January 
of  each  year,  and  until  his  successor  is  chosen  and 
qualified. 

(Passed  Feb.  19th,  1906.  Bk.  2,  p.  220.) 

AN  ORDINANCE  TO  PROVIDE  FOR  POLICE  PROTECTION* 

Be  it  ordained  by  the  Council  of  the  Village  of  Low- 
ellville.  State  of  Ohio: 

Section  I.  Policemen  and  Night  Watchmen. — There 
is  hereby  provided  for  said  Village,  two  policemen  and 
night  watchmen,  who  shall  be  appointed  by  the  Mayor, 
with  the  approval  of  the  Council,  and  who  shall  hold 
their  office  for  the  term  of  one  year,  beginning  on  the 
first  Monday  in  January  of  each  year,  unless  sooner  re- 
moved according  to  law  or  ordinance. 

Section  2.  Qualifications. — Said  policemen  and 
night  watchmen  shall  be  electors  residing  within  the 
limits  of  said  Village  and  shall  be  not  less  than  five  (5) 
feet,  eight  (8)  inches  in  height,  and  not  less  than  one 


35 

hundred  and  fifty  (150)  pounds  in  weight,  and  not  over 
forty-five  (45)  years  of  age.  Said  policemen  and  night 
watchmen  shall,  while  on  duty,  wear  a regulation  police 
uniform,  which  each  officer  shall  buy  at  his  own  ex- 
pense and  each  of  such  officers  shall  keep  his  uniform 
in  neat  and  presentable  condition. 

Section  3.  Duties. — Said  policemen  and  night 
watchmen  shall  perform  all  the  duties  and  exercise  all 
the  powers,  which  are  or  may  be  imposed  and  conferred 
by  law  and  ordinance  upon  policemen  and  night  watch- 
men, and  deputy  marshals  in  Villages.  And  one  of 
said  policemen  and  watchmen  shall  be  appointed  and 
perform  the  duties  of  Health  Officer  of  said  Village  and 
the  other  of  said  policemen  and  night  watchmen  shall 
be  appointed  and  perform  the  duties  of  Fire  Chief  of  said 
Village,  such  appointments  to  be  made  and  approved  as 
required  by  law  and  ordinance,  provided  that  the  provis- 
ion of  this  section  relating  to  Health  Officer  shall  not 
take  effect  until  the  office  of  the  present  Health  Officer 
shall  become  vacant. 

Section  4.  Duties^  continued. — Said  policemen  and 
night  watchmen  shall  be  under  the  general  superintend- 
ence, direction  and  control  of  the  Mayor  and  subject  to 
his  orders  and  the  Mayor  shall  prescribe  the  hours  dur- 
ing which  said  policemen  and  night  watchmen  shall  be 
on  duty,  but  said  policemen  and  night  watchmen  shall 
be  subject  to  call  for  duty  when  required  at  any  time. 

Section  5.  Suspension. — The  Mayor  shall  have 
power  to  suspend  any  policeman  and  night  watchman 
for  neglect  of  duty,  misconduct  or  other  good  cause,  but 
all  such  suspensions  and  the  cause  thereof,  shall  be  re- 
ported by  the  Mayor  to  the  Council  for  their  approval  at 
the  next  regular  meeting  of  Council  thereafter,  and  the 
Mayor  may  appoint  other  persons  to  fill  temporary  va- 
cancies caused  by  suspension,  absence  or  disability  of 
any  policeman  or  night  watchman. 


36 

Section  6.  Oath  and  Bond. — Each  policeman  and 
night  watchman  shall  before  entering  upon  his  duties, 
take  the  required  oath  of  office  and  give  an  official  bond 
according  to  law  as  policemen  and  night  watchmen,  and 
health  officers  or  fire  chief  as  the  case  may  be,  in  the 
penal  sum  of  one  thousand  ($1000.00)  dollars  with 
sureties  to  the  approval  of  the  Mayor. 

Section  7.  Compensation. — The  compensation  of 
each  policeman  for  his  services  as  policeman  and  night 
watchman,  health  officer  or  fire  chief  as  the  case  may  be, 
shall  be  forty-five  ($45.00)  dollars  per  month,  payable 
monthly  out  of  the  general  fund,  and  in  addition  thereto, 
shall  receive  such  fees  and  costs  as  is  or  may  be  allowed 
by  law  and  ordinance  for  services  rendered  in  the  per- 
formance of  his  duties. 

Section  8.  Repeal. — All  ordinances  and  resolutions 
and  parts  of  ordinances  and  resolutions,  inconsistent  with 
this  ordinance  are  hereby  repealed. 

Section  9.  Taking  Effect. — This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  passage  and 
legal  publication. 

Passed  March  i8th,  1907. 

Section  98.  Health  Officer. — [See  Police  Ordinance.] 
In  accordance  with  the  provisions  of  Sections  1536-725 
M.  C.  187  of  the  Revised  Statutes  of  Ohio,  a Health  Offi- 
cer shall  be  appointed  for  said  Village  instead  of  a Board 
of  Health,  the  term  of  said  Health  Officer  shall  be  one 
(i)  } ear  beginning  on  the  first  Monday  in  January  in 
each  year,  and  he  shall  serve  until  his  successor  shall  be 
appointed  and  qualified,  and  that  said  Health  Officer 
shall  be  appointed  and  approved  as  provided  by  law. 

(Passed  April  6th,  1906.  Bk.  2,  p.  226.) 

Section  99.  Fire  Department. — There  is  established 
a Fire  Department  in  and  for  the  said  Village,  which 
shall  consist  of  a Fire  Chief  and  such  number  of  volun- 
teer firemen  as  may  be  appointed  from  time  to  time. 


37 


Section  ioo.  Fwe  Chief. — [See  Police  Ordinance.] 
The  Fire  Chief  shall  be  appointed  by  the  Mayor  as  pro- 
vided by  law;  shall  have  the  qualifications  required  by 
law,  and  shall  have  and  exercise  all  the  powers  conferred 
by  law  upon  such  officer. 

Section  ioi.  Duty  of  Fire  Chief — It  shall  be  the 
duty  of  the  Fire  Chief  to  be  present  at  all  fires  except  in 
case  of  unavoidable  absence  or  disability,  and  he  shall 
have  command  over  all  volunteer  firemen  and  other 
persons  engaged  in  the  extinguishing  of  fires,  and  to  have 
charge  and  control  of  all  fire  apparatus  belonging  to  the 
Village,  and  keep  the  same  in  good  order  and  repair,  and 
to  do  all  the  other  things  necessary  for  the  effective  ex- 
ercise or  performance  of  any  power  or  duty  conferred 
upon  or  required  of  him  by  law  or  ordinance. 

Section  102.  Volunteer  Firemen. — The  volunteer 
firemen  shall  be  appointed  by  the  Fire  Chief  by  and  with 
the  consent  of  Council,  and  may  be  removed  by  him  with 
like  consent,  at  any  time,  and  all  volunteer  firemen  shall 
serve  without  compensation  from  the  Village. 

Section  103.  Assistant  Fire  Chief. — The  Fire  Chief, 
by  and  with  the  consent  of  Council,  may  appoint  one 
such  volunteer  fireman  to  be  Assistant  Fire  Chief  who 
shall  perform  the  duties  of  Fire  Chief  in  the  absence  or 
disability  of  such  Chief,  in  which  case  he  shall  receive 
the  compensation  provided  for  the  Fire  Chief. 

(Passed  Oct.  ist,  1906.  Bk.  2,  p.  264.) 


CHAPTER  XVL 

ORDINANCES  RELATING  TO  THE  QUALIFICATION  AND 
COMPENSATION  OF  OFFICERS. 

Section  104.  Oath.,  Etc. — [See  Police  Ordinance.] 
When  any  person  is  duly  elected  or  appointed  to  any 
office  of  the  Village,  he  shall  before  entering  upon  the 
duties  of  his  office,  and  within  ten  days  after  due  notice 
of  his  election,  take  the  requisite  oath  of  office,  and  enter 


38 

into  a bond  with  sufficient  sureties  payable  to  the  Vil- 
lage, and  conditioned  for  the  faithful  performance  of  his 
duties,  which  bond  shall  be  approved,  deposited  and  pre- 
served in  the  manner  provided  by  the  Uw  of  Ohio. 

Section  105.  Bonds. — [See  Police  Ordinance.]  The 
bond  of  the  Mayor  shall  be  given  with  a penalty  of  one 
thousand  dollars  (#1000.00).  The  bond  of  the  Clerk 
shall  be  given  with  a penalty  of  five  hundred  dollars 
(#500.00).  The  bond  of  the  Treasurer  shall  be  given  with 
a penalty  of  two  thousand  dollars  (#2000.00).  The  bond 
of  the  Marshal  shall  be  given  with  a penalty  of  five 
hundred  dollars  (#500.00).  The  bond  of  each  Deputy 
Marshal  shall  be  given  with  a penalty  of  five  hundred 
dollars  (#500.00).  The  bond  of  the  Street  Commis- 
sioner shall  be  given  with  a penalty  of  three  hundred 
dollars  (#300.00).  And  the  bond  of  each  member  of  the 
Board  of  Trustees  of  Public  Affairs  shall  be  given  with 
a penalty  of  one  thousand  dollars  (#1,000.00). 

Section  106.  Default. — If  any  person  duly  elected 
or  appointed  to  any  office  of  the  Village  shall  fail  or 
neglect  to  be  qualified  within  the  time,  and  in  the  man- 
ner provided  in  this  ordinance,  the  Council  may  declare 
the  office  vacant,  and  such  vacancy  shall  be  filled  in  the 
manner  provided  by  the  law  of  Ohio. 

(Passed  Dec.  15th,  1902.  Bk.  2,  p.  56.) 

Section  107.  Compensation. — [See  Police  Ordi 
nance.]  The  compensation  of  the  following  Village  of- 
ficers for  services  rendered  in  their  respective  offices  and 
positions,  or  which  they  may  be  required  to  render  as 
such  Village  Officers,  is  establshed  as  follows;  payable 
quarterly: 

ist.  Mayor. — The  compensation  of  the  Mayor  shall 
be  one  hundred  dollars  (#100.00)  per  year  in  addition  to 
fees  allowed  to  him  by  statute,  and  this  ordinance.  The 
fees  of  the  Mayor  for  his  services  as  Magistrate  in  civil 
and  criminal  actions,  and  in  prosecutions  for  the  viola- 
tions of  any  ordinance  of  this  Village  shall  be  the  same 


39 

as  the  fees  fixed  by  statute  for  similar  services  before 
Justices  of  the  Peace.  The  fees  of  the  Mayor  for  issuing 
licenses  shall  be:  For  annual  peddler’s  licenses,  auction 
licenses,  and  exhibition  and  show  licenses,  fifty  (50) 
cents  each.  For  all  other  licenses  twenty-five  (25) 
cents. 

2nd.  Clerk. — The  compensation  of  the  Clerk  shall 

be  one  hundred  dollars  ($100.00)  per  year. 

3rd.  Treasurer. — The  compensation  of  the  Treasurer 
for  the  disbursement  of  moneys  which  shall  come  into 
his  hands  shall  be  as  follows  : 

On  the  first  $5000.00  two  per  centum, 

On  the  next  $5000.00  i per  centum, 

On  the  next  $10000.00  ^ of  one  per  centum, 
and  on  the  sum  which  may  be  disbursed  by  him  in  ex- 
cess of  above  amounts  1-5  of  i per  cent. 

4th.  Marshals. — The  compensation  of  the  Marshal 
shall  be  eighty  dollars  (80.00)  per  year,  and  the  compen- 
sation of  each  Deputy  Marslial  shall  be  sixty  dollars 
($60.00)  per  year,  and  such  compensation  shall  be  in  ad- 
dition to  fees  allowed  to  them  by  statute  or  this  ordinance. 
The  fees  of  the  Marshal  and  Deputy  Marshals,  for  their 
services  in  civil  and  criminal  cases  and  in  the  prosecution 
for  the  violation  of  any  ordinance  of  this  Village,  and  as 
Police  Officers,  shall  be  the  same  as  the  fees  fixed  by 
statute  for  similar  services  by  constable. 

5th.  Street  Commissioner. — The  compensation  of  the 
Street  Commissioner  shall  be  at  the  rate  of  one  dollar 
and  seventy-five  cents  ($1.75)  per  day  for  the  time  he 
actually  works. 

6th.  Trustees  0/  Public  Affairs. — The  membejs  of 
the  Board  of  Trustees  of  Public  Affairs  shall  serve  with- 
out compensation,  provided  that  any  member  serving  as 
Clerk  of  the  Board  shall  receive  one  hundred  dollars 
($100.00)  per  year. 

(Passed  Dec.  15th,  1902.  Bk.  2,  p.  59.) 

Section  108.  Councilmen. — Each  member  of  the 
Council  of  said  Village  shall  receive  as  compensation  the 


40 

Slim  of  two  (I2.00)  dollars  for  each  meeting  of  the 
Council  at  which  he  is  present,  not  to  exceed  twenty- 
four  (24)  meetings  in  any  one  year. 

(Passed  Feb.  5th,  1906.  Bk.  2,  p.  208.) 

Section  109.  Dog  Marshal, — The  Dog  Marshal  shall 
give  official  bond  in  the  sum  of  one  hundred  {$100.00) 
dollars  with  sureties  to  the  approval  of  the  Mayor. 

Any  Marshal,  Deputy  Marshal  or  Dog  Marshal  who 
shall  capture  any  dog  in  the  enforcement  of  any  ordi- 
nance to  restrain  dogs  from  running  at  large  or  requir- 
ing the  same  to  be  registered,  shall  receive  the  sum  of 
twenty-five  (25)  cents  for  every  dog  so  captured,  to  be 
paid  out  of  the  general  fund. 

(Passed  Feb.  19th,  1906.  Bk.  2,  p.  218.) 

Section  no.  Health  Officer. — The  Health  Officer 
shall  receive  a salary  of  one  hundred  dollars  {$100.00) 
per  year,  payable  quarterly,  and  shall  perform  all  the 
duties  prescribed  by  law  or  ordinance  to  be  performed 
by  the  Sanitary  Policemen  or  the  other  Sanitary  Officers 
without  additional  compensation  than  above  mentioned. 

(Passed  April  2nd,  1906.  Bk.  2,  p.  226.) 

Section  hi.  Dire  Chief. — [See  Police  Ordinance.] 
The  Fire  Chief  shall  give  an  official  bond  to  the  Village 
in  the  sum  of  two  hundred  dollars  ($200.00)  and  shall 
receive  for  his  official  services,  compensation  at  the  rate 
of  fifty  (50)  cents  per  hour  for  the  time  he  is  actually 
and  necessarily  employed  in  such  service.  - 


CHAPTER  XVH. 

ORDINANCES  RELATING  TO  THE  MAYOR’S  COURT. 

Section  112.  Complaint  and  Warrant. — All  prose- 
cutions for  the  violation  of  any  ordinance  of  the  Village 
of  Eowellville,  shall  be  commenced  before  the  Mayor  of 
said  Village,  and  conducted  as  follows : Any  person  ag- 
grieved by  the  violation  of  any  ordinance  of  said  Village, 
or  any  person  having  knowledge  of  such  violation,  may 


41 

file  before  the  Mayor  a complaint  in  writing,  and  upon 
oath,  giving  the  name,  if  known,  of  the  person  therein 
charged  with  such  violation;  and  thereupon  the  Mayoi 
shall,  unless  he  have  reasonable  ground  to  believe  that 
the  complaint  is  without  probable  cause,  issue  a warrant 
for  the  arrest  of  the  accused  person.  Said  warrant  shall 
be  directed  to  the  Marshal,  and  shall  be  issued,  executed 
and  returned  in  the  manner  and  form  provided  for  the 
issue,  execution  and  return  of  warrants  in  the  Penal 
Code  of  the  State  of  Ohio. 

Section  113.  Arrest  Without  Warrant. — It  shall  be 
the  duty  of  the  Marshal,  or  any  other  police  officer  ol 
said  Village,  to  arrest  without  a warrant  any  person 
whom  he  may  find  violating  any  ordinance  of  said  Vil- 
lage, and  to  bring  such  person  forthwith  before  the  Mayor 
for  trial,  and  it  shall  be  the  duty  of  the  officer  making 
the  arrest,  to  file  with  the  Mayor,  immediately,  a written 
report,  setting  forth  the  cause  of  such  arrest. 

Section  114.  Trial  by  Mayor. — When  any  person  is 
arrested  and  brought  before  the  Mayor  for  the  violation 
of  any  ordinance  of  said  Village,  or  for  the  commission 
of  any  misdemeanor  prosecuted  in  the  name  of  the  State 
of  Ohio,  and  a plea  of  not  guilty  is  entered,  the  Mayor, 
unless  such  person  is,  by  the  law  ot  Ohio,  entitled  to  a 
trial  by  jury,  and  does  not  waive  the  right,  shall  proceed 
to  try  such  person  upon  the  accusation.  But,  if  a pleaot 
guilty  be  entered,  or  if,  upon  trial,  such  person  shall  be 
found  guilty  of  the  charge  preferred,  the  Mayor  shall  pro- 
nounce the  sentence  provided  as  a penalty  for  the  offence 
committed,  and  if,  upon  trial,  such  person  shall  be  found 
“not  guilty”  he  shall  be  discharged  from  custody. 

Section  115.  Trial  by  Jury. — If  such  accused  person 
is,  by  the  constitution  or  law  of  Ohio,  entitled  to  a trial 
by  jury,  and  does  not  waive  the  right,  the  Mayor  shall 
summon  a jury  and  try  the  accused,  unless,  as  provided 
by  statute,  he  shall  decline  to  permit  such  trial,  and  such 


42 

jury  shall,  in  each  case,  be  summoned  and  empaneled  as 
follows:  The  Mayor  and  Clerk,  or  in  his  absence  the 
President  pro  tern,  of  Council,  shall  select  the  names  of 
eighteen  persons  resident  of  said  Village  and  having  the 
qualifications  of  jurors  in  the  Court  of  Common  Pleas, 
and  the  Mayor  shall  issue  a venire  to  the  Marshal,  or 
other  public  officer  of  the  said  Village,  for  the  persons 
whose  names  are  so  selected,  to  appear  before  the  Mayor, 
at  a time  fixed  for  the  trial,  and  the  officer  to  whom  the 
venire  is  directed  shall  serve  and  return  the  same,  and 
twelve  of  the  jurors  so  summoned,  first  called  and  not 
excused  or  set  aside  on  challenge  (the  Village  and  each 
person  accused  being  entitled  to  two  peremptory  chal- 
lenges) shall  be  the  jury  in  each  case;  but  no  person  shall 
be  required  to  serve  as  such  juror  more  than  five  times  in 
one  year,  and  if,  after  exhausting  the  jurors  summoned 
and  in  attendance,  the  panel  be  not  complete,  or  if  the 
wffiole  array  be  set  aside,  talesmen  shall  be  called  by  the 
Marshal,  or  other  officer  attending  the  trial,  and  the 
panel  be  filled  in  the  same  manner  as  panels  are  filled  in 
the  Court  of  Common  Pleas;  and  the  jury  shall  be  sworn 
by  the  Mayor  to  impartially  hear  and  try  the  charge 
made  against  the  accused  person,  and  true  verdict  to 
render,  according  to  the  law  and  the  evidence.  The 
Mayor  shall  preside  at  the  trial,  and  the  jury  shall  return 
their  verdict  in  writing.  If  the  jury  find  the  accused 
person  “guilty”,  the  Mayor  shall  pronounce  the  sentence 
provided  as  a penalty  for  the  offence  committed,  but  if 
the  jury  return  a verdict  of  “not  guilty”  the  accused 
shall  be  discharged  from  custody. 

Section  ii6.  Pe^ialty  or  Refusal  of  Juror  to  Serve. 
— Any  person  who  shall  be  summoned  to  serve  as  a juror 
and  shall  without  cause  refuse  or  neglect  to  attend  and 
serve,  shall  be  fined  not  less  than  one  dollar  nor  more 
than  ten  dollars. 

Section  117.  Security  for  Costs. — The  Mayor  shall 
have  the  same  power  to  require  security  for  costs,  when  a 


43 

complaint  is  filed  before  him,  and  to  enter  judgment  upon 
such  acknowledgement,  as  is  by  the  laws  of  the  State  of 
Ohio  vested  in  Justices  of  the  Peace,  in  similar  cases. 

Section  ii8.  Fees^  Costs^Etc. — All  prosecutions  for 
violations  of  the  ordinances  of  said  Village  shall  be  com- 
menced and  conducted  in  the  name  of  the  Village  of 
lyowellville,  and  the  Mayor,  Marshal,  or  other  police  offi- 
cers, jurors  or  witnesses,  for  services  rendered  hereunder, 
shall  receive  the  same  fees  and  costs,  as  near  as  may  be, 
as  are  allowed  by  law  for  similar  services  in  cases  before 
Justices  of  the  Peace,  and  such  fees  and  costs  shall  be 
taxed  and  paid  according  to  law. 

Section  119.  Adjournment^  Etc. — x^ny  prosecution 
may  be  continued,  for  good  cause  shown,  upon  the  appli- 
cation of  either  party,  for  a period  of  time  not  longer 
than  forty-eight  houis,  or  by  consent  for  not  longer  tliau 
ten  days,  and  security,  to  th.e  satisfaction  of  the  Mayor, 
shall  be  given  for  the  appearance  of  the  accused  at  the 
time  to  wliich  such  cause  shall  stand  adjourned,  and  it 
the  accused  fails  to  appear  at  the  time  named  in  tlie  re- 
cognizance, or  oth.erwise  fails  to  cojuply  with  th.e  condi- 
tions thereof,  the  Mayor  shall  declare  the  recognizance 
forfeited,  and  such  further  proceedings  shall  be  had  for 
recovering  upon  the  same  as  may  be  authorized  by  law. 

(Passed  April  23rd,  1890.  Bk.  i,  p.  16.) 

Section  120.  Workhouse  Contract. — The  Mayor  and 
the  Clerk  are  authorized  to  contract  in  behalf  of  said 
Village  with  the  Board  of  Workhouse  Directors  of  the 
City  of  Cleveland,  Ohio,  for  confining  the  prisoners  ot 
said  Village  in  the  workhouse  in  said  City,  and  the  terms 
and  conditions  of  said  contract  shall  be  the  same  as  are 
contained  in  the  contracts  made  by  said  Board  with  other 
Village  corporations  outside  of  the  County  of  Cuyahoga, 
and  the  said  Mayor  and  Clerk  are  authorized  to  execute 
said  contract  on  the  part  of  the  Village  and  to  sign  its 
corporate  name  and  affix  its  corporate  seal  thereto. 

(Passed  Feb.  2nd,  1891.  Bk.  i,  p.  35.) 


44 

And  that  all  ordinances  and  resolutions,  and  parts  of 
ordinances  and  resolutions  in  conflict  with  this  ordinance, 
or  with  the  foregoing  ordinances  as  hereby  revised,  codi- 
fied, rearranged  and  ordered  published  in  book  form,  be 
and  are  hereby  repealed,  and  this  ordinance  shall  take 
effect  and  be  in  force  from  and  after  the  earliest  period 
allowed  by  law,  provided,  however,  that  the  repeal  of 
such  ordinances  and  resolutions  and  parts  of  ordinances 
and  resolutions  shall  not  affect  any  right,  property,  or 
claim  which  was  vested  in  the  said  Village  of  Lowellville, 
nor  any  suit,  action  or  proceeding  pending  or  commenced 
before  the  time  when  such  repeal  shall  take  effect,  nor 
shall  such  repeal  affect  any  offence  committed,  or  any 
penalty  or  forfeiture  incurred  or  any  suit  or  prosecution 
pending  at  the  time  of  such  repeal,  for  any  offense  com- 
mitted, or  for  the  recovery  of  any  penalty  or  forfeiture 
incurred  under  any  of  the  ordinances  or  resolutions,  or 
parts  of  ordinances  or  resolutions  so  repealed. 

Passed  in  Council  the  i8th  day  of  March,  1907. 

Thos.  F.  Varlky,  [Seal] 

Mayor  and  Ex-Officio  President  of  Council. 

F.  C.  Breneman,  [Seal] 

Clerk. 


lyOWEEEVlEEE,  Ohio,  Mar.  i8th,  1907. 
We  hereby  certify  the  foregoing  ordinances  to  be 
correct. 

Thos.  F.  Varley,  [Seal] 

Mayor. 

F.  C.  Breneman,  [Seal] 

Clerk. 

Lowellvieee,  Ohio,  Mch.  18,  1907. 

I,  F.  C.  Breneman,  Clerk  of  the  Village  of  Lowellville, 
State  of  Ohio,  do  hereby  certify  that  the  foregoing  ordi- 
nances were  duly  published  in  book  form  on  the  25th 
day  of  June,  1907. 

F.  C.  Breneman,  [Seal] 

Clerk. 


45 


REVISED  ORDINANCS 


INDEX 

A 

Animals  at  large 

Auctions 

Awnings  and  Signs 

B 

Base  of  Levels,  North 

Base  of  Levels,  South 

Bonds,  Official 

C 

Climbing  on  Railroad  Cars 

Compensation  of  Officers 

Council  Meetings 

D 

Depository  for  Village  Funds 

Deputy  Marshals 

Disorderly  Houses 

Disturbances 

Disturbing  Meetings 

Dogs,  Registration  of  . 

Dog  Marshal 

£ 

Electric  Works  Property,  Interfering  with.  Etc. 
Exhibitions  and  Shows 

F 

Fast  Driving 

Fertilizers  and  Phosphates 

Filth  and  Rubbish 

Firearms  and  Fireworks 

Fire  Department 

^ G 

Gambling 

H 

Houses  of  111  Fame 

Health  Officer 

I 

Intoxicating  Liquors 

Intoxication 


Sections 

51-  63 
64-  66 
42 

78 

79 

105 

12 

107-111 

92-93 

84-  91 

96 

2 & 27 

I 

3 

54-  63 

97 

14-  17 
67-  70 

10-  II 
18-  20 
21-  22 
6-  9 
99-103 


23-  25 
26-  33 

98 

34“  38 
4 


46 

J Skctiows 

Jury  in  Mayor’s  Court 115-116 

I. 

Licenses,  Auctions 64-  66 

“ Exhibitions,  Shows 67-  70 

“ Peddling  71-  75 

M 

Meetings  of  Council 92-93 

Mayor’s  Court,  Procedure  in 112-119 

O 

Oath  of  Office 104 

Ordinances,  Places  to  Post 92 

P 

Peddling 7i“  75 

Phosphates  and  Fertilizers 18-  20 

Public  Affairs,  Board  of 95 

Police  Ordinance P.  34,  35,  36 

Railroad  Cars,  Climbing  on 12 

Railroads,  Obstructing  Crossings 45-  46 

Speed 47-  48 

“ Whistles  49-  50 

Resisting  Officers 5 & 62 

Rubbish  and  Filth 21-22 

S 

Salaries,  Etc 107-111 

Saloons 34-  38 

Sidewalks,  Cleaning  of  ....  ‘ 43-  44 

“ Construction  and  Repair  ....  80-  83 

Signs  and  Awnings 42 

Shows  and  Exhibitions 67-  70 

Speed,  Railroad  Trains 47-  48 

Streets,  Names  of 76-  77 

Street  Crossings,  Obstruction  of 45-  46 

Street  Lamps,  Injuring,  Etc ^3-^7 

T 

Trees,  Trimming  of 39-  41 

W 

Whistles,  Steam 49-  50 

Workhouse  Contract 120 


PART  II. 


COMPILED  ORDINANCES 

OF  THE 

VILLAGE  OF  LOWELLVILLE 

STATE  OF  OHIO 


Being  Special  Ordinances  of  a Perma- 
nent Nature  not  included  in  the  Fore- 
going Revised  General  Ordinances. 


COMPILED  ORDINANCES 


TABLE  OF  CONTENTS 


CHAPTER  1. 

Granting  Rights  and  Privileges  to 
Railroad  Companies. 

CHAPTER  11. 

Requiring  the  Construction  of  Street 
Crossings  by  Railroad  Companies. 

CHAPTER  III. 

Requiring  the  flighting  of  Railroads. 

CHAPTER  IV. 

Vacating  Streets. 

CHAPTER  V. 

Granting  Rights  and  Privileges  to 
Street  Railway  Companies. 

CHAPTER  VI. 

Granting  Rights  and  Privileges  to 
Telephone  and  Telegraph  Co’s. 

CHAPTER  VII. 

Granting  Miscellaneous  Rights  and 
Privileges. 

CHAPTER  VIII. 

Approving  Plats. 

CHAPTER  IX. 

Authorizing  the  Purchase  or  Lease 
of  Property. 

CHAPTER  X. 

Appropriating  Property. 

CHAPTER  XL 

To  Issue  Bonds. 

CHAPTER  XII. 

Establishing  Street  Grades. 

CHAPTER  XIII. 

To  Construct  Sidewalks. 

INDEX 

to  Compiled  Ordinances. 

49 

CHAPTER  I. 

ORDINANCES  GRANTING  RIGHTS  AND  PRIVILEGES 
TO  RAILROAD  COMPANIES. 

Section  i.  Pittsburg  & Lake  Erie, — The  Pittsburg 
& Lake  Erie  Railroad  Company,  its  successors  and  assigns, 
and  it  and  they  are  granted  the  right  and  privilege  to 
construct  two  (2)  additional  tracks  across  McGill  Street, 
First  Street,  Second  Street,  Third  Street,  Fourth  Street, 
Fifth  Street  and  Sixth  Street  in  the  Village  of  Lowellville. 

Section  2.  Pittsburg,^  Cleveland  & Toledo. — The 
Pittsburg,  Cleveland  and  Toledo  Railroad  Company,  its 
successors  and  assigns,  and  it  and  they  are  granted  the 
right  and  privilege  to  re-arrange  its  present  tracks  in 
such  manner  as  it  may  deem  advisable  across,  and  to 
construct  and  maintain  four  (4)  additional  tracks  across 
McGill  Street,  First  Street,  Second  Stree-t,  Third  Street, 
Fourth  Street,  Fifth  Street  and  Sixth  Street,  in  the 
Village  of  Lowellville,  O.,  provided,  however,  that  the 
tracks  of  said  Company  across  any  one  of  the  above 
named  streets  shall  not  exceed  six  (6)  in  number. 

Section  3.  Conditions.  The  rights  and  privileges 
herein  granted  to  the  above  mentioned  Railroad  Compa- 
nies are  granted  upon  the  following  conditions,  to-wit : 

(a)  Location. — All  said  additional  tracks  shall  be  lo- 
cated between  Liberty  Street  in  said  Village,  and  the 
Southerly  line  of  the  present  right  of  way  of  the  Pitts- 
burg and  Lake  Erie  Railroad  Company. 

(^)  Grade. — The  present  grade  of  said  Streets  shall 
not,  in  any  manner,  be  changed  in  the  construction  and 
location  of  such  additional  tracks  across  the  same. 

{c)  Crossings. — Said  Streets  shall  be  placed  in  sub- 
stantially as  good  conditions  after  said  additional  tracks 
are  constructed  as  said  streets  are  in  at  the  present  time. 

(d)  McGill  Street  Sewer. — Said  Railroad  Companies 
shall,  at  their  own  cost  and  expense,  within  twelve  (12) 


50 

months  from  the  date  of  the  passage  of  this  ordinance, 
construct  from  the  center  line  of  Liberty  Street  to  the 
Mahoning  River  along  McGill  Street,  and  the  produc- 
tion thereof  south-westerly  on  its  present  course,  a forty- 
eight  (48)  inch  sewer.  Such  sewer  to  be  constructed  of 
brick  or  iron  pipe,  at  such  location  in  McGill  Street  as 
the  Council  of  said  Village  may  designate,  and  the  bot- 
tom thereof  to  be  not  less  than  seven  (7)  feet  in  depth 
below  the  surface  of  the  ground.  Said  Village  shall, 
however,  provide  all  the  right  of  way  for  said  sewer  that 
may  be  necessary  in  the  construction  thereof. 

(e)  Third  Street  Sewer. — Said  Railroad  Companies 
shall,  at  their  own  cost  and  expense,  within  twelve  (12) 
months  from  the  date  of  the  passage  of  this  ordinance, 
construct  from  the  center  line  of  Liberty  Street  to  the 
Mahoning  River  along  Third  Street,  and  the  production 
thereof  south-westerly  on  its  present  course,  a forty-two 
(42)  inch  sewer,  such  sewer  to  be  constructed  of  brick  or 
iron  pipe,  at  such  location  in  said  Third  Street  as  the 
Council  of  said  Village  may  designate,  and  the  bottom 
thereof  to  be  not  less  than  seven  (7)  feet  in  depth  below 
the  surface  of  the  ground.  Said  Village  shall,  however, 
provide  all  the  right  of  way  for  said  sewer  that  may  be 
necessary  in  the  construction  thereof. 

(/')  Sixth  Street  Sewer. — Said  Railroad  Companies 
shall,  at  their  own  cost  and  expense,  within  twelve  (12) 
months  from  the  date  of  this  ordinance,  extend  the  thirty 
(30)  inch  sewer  now  under  the  tracks  of  the  said  Pitts- 
burg, Cleveland  and  Toledo  Railroad  Company  at  Sixth 
Street,  northerly  along  said  last  mentioned  street  to  the 
center  line  of  Liberty  Street  and  southerly  along  said 
last  mentioned  street  and  the  production  thereof,  south- 
westerly to  the  Mahoning  River.  Said  Village  shall, 
however,  provide  all  the  riizhts  of  way  for  said  sewer  that 
may  be  necessary  in  the  construction  thereof. 

(^g)  Flagmen.— said . Railroad  Companies  shall, 
at  their  own  cost  and  expense,  and  within  a period  of 


51 

eight  (8)  months  from  and  after  the  passage  of  this  ordi- 
nance, provide  at  the  crossing  of  said  Railroad  Compa- 
nies’ track  with  Second  and  Third  Streets,  for  the  purpose 
of  warning  the  traveling  public  of  the  approach  of  cars 
and  engines  toward  said  crossings,  a crossing  flagman  or 
crossing  guard  gates.  The  said  Railroad  Companies  shall 
not,  however,  be  required  to  keep  such  crossing  flagman 
or  to  operate  such  crossing  guard  gates  at  Second  and 
Third  Streets  for  a period  of  more  than  twelve  (12)  hours 
out  of  each  day  of  twenty-four  (24)  hours.  The  question 
as  to  whether  said  crossing  at  Second  and  Third  Streets 
shall  be  protected  by  crossing  flagmen  or  crossing  guard 
gates  shall  be  referred  to  the  Commissioner  of  Railroads 
and  Telegraphs  of  the  State  of  Ohio  for  decision,  and  his 
determination  of  the  matter  shall  be  final  and  binding  upon 
the  Village  of  TowellviHe  and  the  Railroad  Companies. 

(k)  Acceptance. — Each  of  said  Railroad  Companies 
shall,  within  thirty  (30)  days  from  and  after  the  passage 
of  this  ordinance,  file  with  the  Clerk  of  said  Village,  its 
written  acceptance  of  the  terms  of  this  ordinance  and 
agree  to  be  bound  thereby. 

(i)  Costs. — Said  Railroad  Companies  shall  pay  the 
costs  of  the  publication  of  this  ordinance. 

(Passed  Dec.  loth,  1903.  Bk.  2,  p.  92.) 

(Acceptances  Book  2,  pages  97  and  98.) 

Section  4.  Location  and  Grades  Approved. — The 
location  and  grades  of  said  sewers  at  McGill  Street,  Third 
Street  and  Sixth  Street,  as  shown  by  blue  print  submit- 
ted by  said  Railroad  Companies,  and  now  on  file  with 
the  Village  Clerk,  to  which  blue  print  reference  is  made, 
is  approved  and  adopted. 

Section  5.  Material  Approved. — The  said  proposed 
construction  of  said  sewers  at  McGill  Street  and  Third 
Street  of  good  hard  brick  and  of  the  said  sewer  at  Sixth 
Street  of  double  thick  terra  cotta  pipe,  except  those  parts 
of  said  three  sewers  which  will  be  located  under  the 


52 

eight  existing  and  proposed  main  tracks  of  said  Railroad 
Companies,  which  parts  of  each  of  said  sewers  may  be 
constructed  of  good  iron  pipe,  are  approved  and  accepted. 

(Passed  April  i8th,  1904.  Bk.  2,  p.  118.) 

Section  6.  Pittsburgh  Youngstown  mid  Ashtabula, — 
The  Pittsburg,  Youngstown  and  Ashtabula  Railroad 
Company,  and  its  successors  and  assigns,  and  it  and  they 
are  granted  the  right  and  privilege  to  move  its  present 
track  across  Washington  Street  northerly,  not  exceeding 
fifty  (50)  feet  from  its  present  location,  and  to  construct 
and  maintain  across  said  Washington  Street  four  (4)  ad- 
ditional tracks,  all  of  said  tracks  across . said  street  to  be 
maintained  either  upon  the  present  grade  of  said  street, 
or  upon  any  grade  not  exceeding  two  and  eight-tenths 
(2.8)  feet  above  the  top  of  the  rail  of  the  present  track 
of  said  Railroad  Company  now  constructed  across  said 
street;  it  being  understood,  however,  that  nothing  herein 
contained  shall  be  construed  to  grant  unto  said  Railroad 
Company  any  rights  in  addition  to  what  said  Company 
now  possesses  in  the  present  Railroad  Street,  except  at 
the  point  where  said  Railroad  Street  is  crossed  by  said 
Washington  Street,  and  it  being  further  understood  that, 
in  case  the  present  track  across  Railroad  Street  shall  be 
moved  under  the  terms  of  this  ordinance,  it  shall  be 
located  at  least  forty  (40)  feet  northeasterly  of  the  south- 
v/esterly  line  of  Railroad  Street. 

Section  7.  Conditions. — The  rights  and  privileges 
granted  are  granted  upon  the  following  conditions : 

{a)  Approaches. — Said  Railroad  Company  shall  con- 
struct proper  approaches  on  a regular  grade,  to  said 
tracks  when  so  constructed  on  each  side  of  said  tracks. 

(p)  Profiles. — Said  Railroad  Company  shall  furnish 
plans  and  profiles  and  a draft  of  grade  ordinance  for 
said  Washington  Street  where  the  grade  thereof  will  be 
changed  by  said  Railroad  Company,  in  making  the  im- 
provements in  its  tracks  herein  contemplated,  in  order 


53 

that  the  grade  of  said  Washington  Street,  as  so  changed, 
may  be  established  without  expense  to  the  Village  of 
IvOwellville. 

(c)  Gates. — Said  Railroad  Company  shall,  if  it  legally 
can,  construct,  maintain  and  operate  gates  on  Washing- 
ton Street,  on  each  side  of  the  tracks  of  said  Railroad 
Company. 

(d')  Inde7nnity. — Said  Railroad  Company  shall  and 
will  protect,  indemnify  and  save  harmless  the  said  Village 
from  any  and  all  claims  for  damages,  costs  and  expenses 
that  may  arise  against  said  Village  by  reason  of  the 
placing  of  additional  tracks  across  Washington  Street 
and  the  change  of  grade  of  said  street;  provided,  how- 
ever, that  said  Village  shall  give  to  said  Railroad  Com- 
pany, its  successors  or  assigns,  written  notice  immediately 
upon  said  claim  or  claims  being  made  against  it,  and 
permit  said  Railroad  Company  in  the  name  and  on  behalf 
of  said  Village  to  adjust  the  same  with  the  claimant,  and, 
in  case  the  said  Railioad  Company  is  unable  to  adjust 
the  said  claim  with  said  claimant,  said  Village  shall 
refuse  to  adjust  the  same,  and  when  said  claimant  or 
claimants  shall  bring  suit  against  said  Village  for  such 
claims,  said  Village  shall  notify  said  Railroad  Company 
that  said  suit  has  been  brought  and  permit  said  Company 
to  defend  against  the  same  in  the  name  and  on  behalf  of 
said  Village. 

(Passed  March  21st,  1904.  Bk.  2,  p.  109.) 

(Acceptance  Book  2,  page  113.) 

Section  8.  P.  C.  & T.  Authorised  to  Divert  Drain 
on  Liberty  Street. — The  Pittsburg,  Cleveland  and  Toledo 
Railroad  Company,  its  successors  and  assigns,  be  and  are 
granted  the  right  to  divert  the  sewer  or  drain  which  ex- 
tends between  lots  number  sixty-six  (66)  and  number  sixty- 
seven  (67)  and  across  lyiberty  Street  in  the  Village  of  I^ow- 
ellville,  in  such  a manner  as  that  said  sewer  or  drain  when 
diverted  shall  extend  along  the  southerly  curb  line  of 


54  • 

said  street  easterly  to  a connection  with  the  sewer  at 
Third  Street  from  the  point  where  said  sewer  or  drain 
intersects  said  curb  line. 

Section  9.  Conditions, — The  rights  granted  are 

granted  on  the  following  conditions : 

{a)  Catch  Basin. — Said  Railroad  Company  shall,  at 
its  own  cost  and  expense,  construct  at  or  near  said  south- 
erly curb  line  of  said  street  at  the  point  where  said  sewer 
or  drain  now  crosses  said  curb  line  a catch  basin  of  brick 
or  concrete  three  (3)  feet  wide  and  four  (4)  feet  long,  the 
bottom  of  which  shall  be  at  least  two  and  one-half  (2^) 
feet  below  the  bottom  of  said  sewer  or  drain,  as  it  exists 
at  present,  such  catch  basin  to  be  constructed  of  good 
material,  and  in  first  class  workmanlike  manner,  and 
connect  said  sewer  with  said  catch  basin  at  the  northerly 
line  of  said  catch  basin. 

(d)  Pipe. — Said  Railroad  Company  shall,  at  its  own 
cost  and  expense,  construct  such  diverted  sewer  from  the 
catch  basin  aforesaid  easterly  along  the  southerly  curb 
line  of  said  Riberty  Street  to  a connection  with  the  sewer 
at  Third  Street  of  good  sewer  pipe  twenty-seven  (27) 
inches  in  diameter,  making  a temporary  connection  with 
the  twenty  (20)  inch  sewer  now  located  on  the  west  side 
of  said  Third  Street,  and  when  the  forty-two  (42)  inch 
brick  sewer  upon  said  Third  Street  shall  have  its  outlet 
provided  for,  remove  such  temporary  connection  with 
said  twenty  (20)  inch  sewer  and  make  a perm.anent  con- 
nection with  said  forty-two  (42)  inch  sewer  without  delay. 

ic)  Cellar  Drains. — In  constructing  such  sewer  along 
the  southerly  curb  line  of  said  Liberty  Street,  said  Rail- 
road Company  shall  make  connection  with  any  cellar 
drains  that  may  now  cross  such  sewer  in  its  new  location. 

id)  Village  Connectio7is. — The  Village  of  Lowellville 
shall  have  the  right  hereafter  to  make  any  connections 
with  such  diverted  sewer  as  it  may  desire. 

(e)  Rights  Relinquished. — All  present  rights  of  the 
Village  of  Lowellville  to  carry  or  maintain  the  said  sewer 


55 

or  drain  upon  property  of  the  Pittsburg,  Cleveland  and 
Toledo  Railroad  Company,  southerly  of  Liberty  Street 
in  its  present  location  are  relinquished  by  said  Village. 

(/)  Costs. — The  said  Railroad  Company  shall  pay  the 
costs  expended  by  said  Village  in  repairing  damages  done 
to  the  street  by  digging  heretofore  done  by  said  Compa- 
ny, amounting  to  about  thirty-five  ($35.00)  dollars. 

(^g)  Time. — The  work  of  diverting  said  sewer  or  drain 
and  constructing  said  catch  basin  shall  be  completed  (ex- 
cepting the  making  of  the  connection  of  the  forty«two 
(42)  inch  brick  sewer)  on  or  before  April  15th,  1905. 

(Ji)  Street  Surface. — Said  Railroad  Company  shall 
after  the  work  hereinbefore  provided  for  has  been  com- 
pleted, restore  the  surface  of  said  street  where  such  ser- 
vice has  been  diverted  by  said  work  to  a good  condition. 

(Passed  March  27th,  1905.  Bk.  2,  p.  190.) 
Section  10.  Pittsburg  .^Cleveland  a7id  Toledo. — That 
The  Pittsburg,  Cleveland  and  Toledo  Railroad  Company, 
its  successors  and  assigns,  be,  and  it  and  they  are  hereby 
granted  the  right  and  privilege  to  raise  the  grade  of  all 
of  the  railroad  tracks  of  said  Company  now  located  in 
said  Village  to  a height  of  not  to  exceed  six  (6)  inches 
above  the  present  grade  line  of  said  tracks  at  and  over  the 
crossing  of  the  following  streets,  to-wit:  McGill  Street, 
First  Street,  Second  Street,  Third  Street,  Fourth  Street, 
Fifth  Street  and  Sixth  Street  in  the  Village  of  Lowell  ville, 
and  to  make  all  necessary  fills  and  ballasting  within  said 
streets  to  accomplish  said  purpose,  and  to  construct  and 
maintain  across  said  streets  interlocking  pipe  lines  and 
connections  necessary  to  properly  complete  and  main- 
tain the  interlocking  plant  now  building. 

Section  ii.  Conditiojis. — The  rights  and  privileges 
granted  to  the  above  mentioned  Railroad  Company  are 
granted  upon  the  following  conditions,  to-wit: 

{a)  Pipe  Lilies  to  be  Protected.^  Etc. — Said  work  of 
raising  the  grade  of  the  tracks  shall  be  conducted  by  the 


S6 

said  Railroad  Company  without  unnecessary  interruption 
of  public  travel  over  the  streets  of  the  Village,  and  all 
the  above  mentioned  interlocking  pipe  lines  and  connec- 
tions shall  be  properly  protected  for  the  safety  of  public 
travel  on  said  streets. 

(d)  Profiles^  Gradings  Etc. — The  said  The  Pittsburg, 
Cleveland  and  Toledo  Railroad  Company  shall  at  its  own 
cost  and  expense  make  the  necessary  surveys,  plans,  pro- 
files and  ordinances  necessary  to  properly  amend  and  re- 
establish the  street,  curb  and  sidewalk  grades  upon  said 
McGill  Street,  First  Street,  Second  Street,  Third  Street, 
Fourth  Street,  Fifth  Street  and  Sixth  Street,  at  a regular 
grade  from  the  south  line  of  Tiberty  Street  to  the  north 
side  of  said  tracks  and  from  the  south  side  of  said  tracks 
to  the  north  side  of  the  tracks  of  The  Pittsburg  & Lake 
Brie  Railroad  Company  to  conform  to  the  raised  grade 
of  said  tracks  herein  provided  for,  and  shall  furnish  such 
plans,  profiles  and  ordinances  to  said  Village  within 
thirty  (30)  days  from  the  taking  effect  of  this  ordinance. 
And  said  Railroad  Company  shall  grade  and  macadamize 
said  McGill  Street,  First  Street,  Second  Street,  Third 
Street  and  Sixth  Street  from  the  said  north  side  of  the 
tracks  to  the  said  south  line  of  Liberty  Street  to  such 
changed  grade  so  to  be  established  and  to  the  full  pres- 
ent established  width  of  roadway,  properly  sloped  and 
guttered,  with  furnace  slag,  top  dressed  with  granulated 
slag,  which  covering  of  slag  or  limestone  shall  not  be 
less  than  twelve  (12)  inches  in  depth  along  the  center 
line  of  said  streets,  and  diminishing  regularly  to  a depth  of 
not  less  than  six  (6)  inches  at  the  gutter  on  the  sides  thereof, 
and  said  Railroad  Company  shall  raise  all  existing  curbs 
and  sidewalks  upon  all  of  said  portions  of  all  said  streets 
to  conform  to  said  raised  and  re-established  grade. 

(c)  Liberty  Street  Sewer  Pipe. — Said  Railroad  Com- 
pany shall  lay  twenty-four  (24)  inch  sewer  pipe  for  said 
Village,  beginning  at  the  intersection  of  the  east  gutter 
line  of  Second  Street,  and  the  south  gutter  line  of  Liberty 


57 

Street  at  a flow  line  elevation  of  seventy-eight  (78)  feet, 
according  to  the  present  established  grade  of  said  Liberty 
Street;  said  elevation  of  seventy-eight  (78)  feet  being  five 
(5)  feet  below  the  established  grade  of  the  center  line  of 
said  Liberty  Street;  thence  by  uniform  descending  grade 
of  five-tenths  (5-10)  per  cent  along  the  south  gutter  line 
of  said  Liberty  Street  to  an  intersection  and  connection 
with  the  brick  sewer  on  McGill  Street  at  a flow  line  ele- 
vation of  seventy-five  (75)  feet  according  to  said  estab- 
lished grade  at  Liberty  Street;  said  elevation  of  seventy- 
five  (75)  feet  being  at  least  six  (6)  inches  above  the  flow 
line  of  said  brick  sewer  on  McGill  Street,  and  shall  con- 
struct a brick  man-hole  at  the  center  of  First  Street,  and 
a brick  man-hole  at  the  center  of  Second  Street,  which 
man-holes  shall  not  be  less  than  four  (4)  feet  in  diamter 
inside  measurement,  with  the  necessary  steps,  and  shall 
also  construct  a catch  basin  at  the  east  gutter  line  of 
First  Street,  and  a catch  basin  on  the  west  gutter  line  of 
First  Street,  and  a catch  basin  at  the  east  gutter  line  of 
Second  Street,  which  catch  basins  shall  be  of  brick  and 
not  less  than  twenty-four  (24)  by  twenty-four  (24)  inches 
square,  inside  measurement,  with  sediment  basins  not 
less  than  eighteen  (18)  inches  deep,  and  shall  lay  said 
twenty-four  (24)  inch  pipe  with  nine  (9)  six  (6)  inch 
north  side  connections,  and  shall  also  connect  with  said 
twenty-four  (24)  inch  pipe,  the  present  pipes  on  the  east 
side  and  West  side  of  First  Street,  and  on  the  east  side 
and  west  side  of  Second  Street,  and  all  excavations  shall 
be  properly  re-filled  and  tamped  and  re-cindered  after 
settling,  and  said  streets  restored  to  as  good  condition  as 
at  present  in  all  respects. 

{d)  Fourth  Street  Sewer  Pipe. — The  said  Railroad 
Company  shall  lay  a twenty  (20)  inch  drain  pipe  from 
the  north  line  of  the  light  of  way  of  The  Pittsburg  and 
Lake  Erie  Railroad  Company  along  and  under  the  west 
gutter  of  Fourth  Street,  to  its  intersection  with  the  south 
curb  line  of  Liberty  Street,  and  at  such  intersection 


58 

shall  construct  a catch  basin,  the  opening  of  which  shall 
be  not  less  than  12x12  inches  in  size,  and  shall  properly 
connect  with  said  twenty  (20)  inch  pipe  the  drain  pipe 
which  now  crosses  Fourth  Street  diagonally.  And  all 
excavations  for  said  pipe,  catch  basin  and  connections 
shall  be  properly  re-filled  and  tamped. 

(e)  Sixth  Street  Sewer  Pipe. — Said  Railroad  Company 
shall  in  addition  to  grading  and  macadamizing  the  road- 
way of  Sixth  Street  from  the  northerly  side  of  the  tracks 
of  said  Company  to  the  south  line  of  Riberty  Street  as 
provided  in  sub-section  {b')  above  also  fill  said  portion  of 
said  Sixth  Street  to  changed  grade  the  full  width  of  said 
street.  And  said  Railroad  Company  shall  also  lay  a 
twenty-four  (24)  inch  drain  pipe  from  its  land  lying  north 
of  its  northerly  track  and  south  of  its  northerly  property 
line  and  immediately  east  of  said  Sixth  Street  and  shall 
connect  said  pipe  with  the  thirty  (30)  inch  drain  pipe 
now  in  place  in  the  center  of  said  Sixth  Street,  and  shall 
so  fill  upon  said  premises  east  of  Sixth  Street  as  to  con- 
duct the  water  collecting  thereon,  to,  into  and  through 
said  thirty  (30)  inch  pipe,  and  shall  close  the  present 
thirty  (30)  inch  pipe  running  underneath  the  tracks  of 
said  Company  about  on  the  east  line  of  said  Sixth  Street, 
and  said  Company  shall  construct  a brick  catch  basin  not 
less  than  twenty-four  (24)  by  twenty-four  (24)  inches  square 
inside  measurement  with  sediment  basin  not  less  than 
eighteen  (18)  inches  deep,  at  the  intersection  of  the  south 
gutter  line  of  Liberty  Street  and  the  west  gutter  line  of 
Sixth  Street,  and  connect  the  pipe  now  in  place  there 
across  Liberty  Street  and  lay  a sewer  pipe  twenty  (20) 
inches  in  diameter  from  said  catch  basin  to  the  thirty  (30) 
inch  sewer  in  the  eenter  of  Sixth  Street,  and  shall  properly 
connect  said  pipe  with  said  catch  basin  and  sewer. 

(/')  Cost  and  Expense. — The  entire  cost  and  expense 
of  everything  required  to  be  done  by  the  said  Railroad 
Company  in  order  to  fully  comply  with  all  the  conditions 
of  this  ordinance  shall  be  paid  by  the  said  The  Pittsburg, 


59 

Cleveland  and  Toledo  Railroad  Company,  its  successors 
or  assigns,  and  all  of  said  conditions  shall  be  fully  and 
completely  complied  with  and  every  requirement  com- 
pleted on  or  before  June  30th,  1907,  and  to  the  accept- 
ance of  the  Village  engineer. 

{£■)  Acceptance. — The  said  Railroad  Company  shall 
within  thirty  (30)  days  from  and  after  the  passage  of  this 
ordinance,  file  with  the  Council  of  said  Village  its  accept- 
ance of  the  terms  hereof,  and  agree  to  be  bound  thereby. 

(h)  Cost  of  Publication. — The  cost  of  posting  this  or- 
dinance shall  be  paid  by  the  Railroad  Company,  and  the 
injunction  suit  entitled,  “The  Village  of  Rowellville  vs. 
The  Baltimore  & Ohio  Railroad  Company  et  al.”  No. 
25100,  now  pending  in  the  Common  Pleas  Court  of  Ma- 
honing County,  Ohio,  shall  be  dismissed  by  the  Village 
at  the  cost  of  the  defendant. 

(i)  Privilege  to  Connect. — The  Railroad  Company 
shall  have  the  privilege  to  connect  with  any  or  all  drain- 
pipe or  pipes  at  any  point  or  points  whenever  it  so  desires. 

(y)  Prior  Ordinaiice  not  Affected. — Nothing  herein 
contained  shall  be  construed  to  repeal  or  waive  any  of  the 
conditions  of  an  ordinance  entitled,  “An  Ordinance  grant- 
ing to  The  Pittsburg,  Cleveland  and  Toledo  Railroad 
Company,  their  several  and  respective  heirs  and  assigns, 
the  right  and  privilege  to  re-arrange  their  present  tracks 
across  and  to  cross  MicGill  Street,  Phrst  Street,  Second 
Street,  Third  Street,  Fourth  Street,  Fifth  Street  and 
Sixth  Street  in  the  Village  of  Rowellville,  with  additional 
tracks  and  fixing  the  terms  and  conditions  on  which  such 
right  and  privilege  are  granted,”  passed  by  Council  or 
said  Village  on  the  loth  day  of  December,  A.  D.  1903. 

Section  12.  Repeal. — An  ordinance  entitled,  “An 
Ordinance  granting  to  The  Pittsburg,  Cleveland  and  To- 
ledo Railroad  Company,  its  successors  and  assigns,  the 
right  and  privilege  to  raise  the  existing  grade  of  its  rail- 
road tracks  across  McGill  Street,  First  Street,  Second 
Street,  Third  Street,  Fourth  Street,  Fifth  Street  and 


6o 


Sixth  Street  in  the  Village  of  I^owellville,  and  fixing  the 
terms  and  conditions  on  which  such  right  and  privilege 
are  granted,”  passed  by  Council  of  said  Village  on  July 
2nd,  1906,  be  and  the  same  is  hereby  repealed. 

(Passed  January  9th,  1907.  Bk.  2,  p.  270.) 
(Acceptance  Bk.  2,  p.  276.) 


CHAPTER  II. 

ORDINANCES  REQUIRING  THE  CONSTRUCTION  OF 
STREET  CROSSINGS  BY  RAILROAD  COMPANIES. 

Section  13.  The  Pennsylvafiia  Company.  — The 
Pennsylvania  Company,  its  successors  and  assigns,  shall 
construct,  maintain  and  keep  in  repair,  good  and  suffi- 
cient crossings,  approaches  and  sidewalks,  in  the  manner 
and  to  the  extent  required  by  the  subsequent  sections  of 
this  ordinance  at  the  points  where  the  line  of  railroad 
operated  by  it,  the  track,  sidetrack  or  switches  thereof, 
cross  or  intersect  the  following  streets  within  said  Village, 
to-wit:  (Smith  Street,  Monroe  Street,  Howard  Street,) 
Washington  Street  (and  Railroad  Street). 

Section  14.  Construction. — Said  crossings  shall  be 
constructed  and  maintained  as  follows:  The  spaces  be- 
tween all  tracks,  sidetracks  and  switches,  and  the  spaces 
between  the  rails  of  all  tracks,  sidetracks  and  switches, 
and  one  foot  outside  of  the  outside  rail  at  each  crossing, 
shall  be  planked  solid  to  the  following  widths:  At  Wash- 
ington Street  to  the  full  width  of  the  street  including 
sidewalks;  (and  at  all  other  streets  named  in  preceding 
Section  13,  to  a width  of  not  less  than  sixteen  feet  across 
the  roadways),  and  safe  and  sufficient  approaches  shall  be 
graded  upon  both  sides  of  the  crossings  at  each  of  said 
streets;  and  all  such  approaches  shall  not  be  less  in  width 
than  is  hereby  prescribed  for  the  plank  roadway  of  the 
crossing  at  that  point.  Also  good  and  sufficient  culverts, 
ditches  and  drains  shall  be  provided  upon  all  of  said 
streets  herein  named  under  or  along  the  said  tracks,  side- 
tracks and  switches  for  the  free  flow  of  water  that  may 
run  or  flow  upon  any  of  said  streets;  and  all  culverts. 


6i 


ditches  and  drains,  and  all  other  excavations  and  open- 
ings on  any  street  within  the  right  of  way  owned  or 
occupied  by  said  Company,  shall  be  securely  covered 
and  protected  to  prevent  accidents  to  persons  or  prop- 
erty lawfully  upon  said  street. 

Section  15.  Notice. — That  the  Mayor  is  directed  to 
give  due  notice  to  the  said  The  Pennsylvania  Company 
of  the  passage  of  this  ordinance,  by  delivering  a copy 
thereof  to  the  nearest  station  agent  of  said  Company  or 
section  foreman  having  charge  or  control  of  that  portion 
of  the  track  of  said  Company  where  such  crossing,  ap- 
proach or  sidewalk  is  to  be  constructed  and  maintained. 
And  if  said  Company  shall  fail  to  comply  within  thirty 
days  of  the  receipt  of  such  notice,  the  Council  of  said  Vil- 
lage will  cause  said  crossings,  approaches  and  sidewalks 
with  the  necessary  culverts,  ditches  and  drains  to  be  con- 
structed at  the  expense  of  said  Company,  and  will  re- 
cover the  cost  thereof,  with  interest  and  all  penalties  pro- 
vided by  law  in  the  manner  provided  by  statute. 

(Passed  Oct.  22nd,  1891.  Bk.  i,  p.  63.) 

Section  16.  The  Pittsburg  & Lake  Erie  Railroad 
Company. — The  Pittsburg  & Bake  Erie  Railroad  Com- 
pany, its  successors  and  assigns,  shall  construct,  maintain 
and  keep  in  repair  good  and  sufficient  crossings,  ap- 
proaches and  sidewalks  in  the  manner  and  to  the  extent 
required  by  the  subsequent  sections  of  this  ordinance,  at 
the  points  where  its  line  of  railroad,  its  tracks,  sidetracks 
or  switches  cross  or  intersect  the  following  streets  within 
said  Village,  to-wit:  McGill  Street,  Phrst  Street,  Second 
Street,  Third  Street,  Fourth  Street,  Fifth  Street,  Sixth 
Street  and  Water  Street. 

Section  17.’  Construction. — Said  crossings  shall  be  so 
constructed  and  maintained  as  follows:  The  spaces  be- 
tween all  tracks,  sidetracks  and  switches,  and  one  foot 
outside  of  the  outside  rail  at  each  crossing,  shall  be 
planked  solid  to  the  following  widths:  At  Second  Street 
and  Third  Street,  to  a width  of  not  less  than  forty  (40)  feet, 
and  at  all  the  other  streets  named  in  preceding  Section 


62 


i6,  to  a widtli  of  not  less  than  thirty  (30)  feet  across  the 
roadways,  and  safe  and  sufficient  approaches  shall  be 
graded  upon  both  sides  of  the  crossings  at  each  of  said 
streets;  and  all  such  approaches  shall  not  be  less  in  width 
than  is  prescribed  for  the  planked  roadway  of  the  cross- 
ing at  that  point,  at  Second  Street  and  Third  Street,  ex- 
tending wholly  across  the  right  of  way  owned  and  occu- 
pied by  said  Company,  and  at  all  the  other  streets  named 
in  this  ordinance,  to  a width  of  not  less  than  five  (5)  feet 
wholly  across  its  right  of  way.  Also  good  and  sufficient 
culverts,  ditches  and  drains  shall  be  provided  upon  all  of 
said  streets  herein  named,  under  or  along  the  said  tracks, 
sidetracks  and  switches,  for  the  free  fiow  of  water  that 
may  run  or  flov/  upon  any  of  said  streets;  and  all  culverts, 
ditches  and  drains,  and  all  other  excavations  and  open- 
ings upon  any  street  within  the  right  of  way  owned  or 
occupied  by  said  Company,  shall  be  securely  covered 
and  protected,  to  prevent  accident  to  persons  or  property 
lawfully  upon  said  street. 

Section  18.  Notice. — If  said  Company  shall  fail  to 
comply  within  thirty  days  from  the  receipt  of  the  notice 
as  provided  by  statute,  the  Council  of  said  Village  will 
cause  said  crossings,  approaches  and  sidewalks,  with  the 
necessary  culverts,  ditches  and  drains,  to  be  constructed 
at  tlie  expense  of  said  Company,  and  will  recover  the 
cost  thereof,  with  interest  and  all  penalties  provided  by 
law  in  the  manner  provided  by  statute. 

(Passed  Feb.  7th,  1894.  Bk.  i,  p.  89.) 

Section  19.  The  Pittsbiu'g  & Western  Railway  Com- 
pany.— The  Pittsburg  & Western  Railway  Company,  its 
successors  and  assigns,  shall  construct,  maintain  and  keep 
in  repair,  good  and  sufficient  crossings,  approaches  and 
sidewalks  in  the  manner  and  to  the  extent  required  by 
the  subsequent  sections  of  this  ordinance,  at  the  points 
where  the  line  of  said  Railway,  its  tracks,  sidetracks  and 
switches  cross  or  intersect  the  folllowing  streets  within 
said  Village,  to-wit:  McGill  Street,  First  Street,  Second 
Street,  Third  Street,  Fourth  Street,  Fifth  Street  and 
Sixth  Street. 


63 

Section  20.  Constncctioii. — Said  crossings  sliall  be 
so  constructed  and  maintained  as  follows:  The  spaces 
between  all  the  tracks,  sidetracks  and  switches  and  the 
spaces  between  the  rails  of  all  tracks,  sidetracks  and 
switches  and  one  foot  outside  of  the  outside  rail  at  each 
crossing  shall  be  planked  solid  to  the  following  widths, 
to-wit:  At  Second  Street  and  Third  Street  to  a width  of 
not  less  than  forty  (40)  feet;  at  the  other  streets  named 
in  preceding  Section  19,  to  a width  of  not  less  than  thirty 
(30)  feet  across  the  roadways,  and  safe  and  sufficient  ap- 
proaches shall  be  graded  upon  both  sides  of  the  crossings 
at  each  of  the  said  streets,  and  all  such  approaches  shall 
be  not  less  in  width  than  is  provided  for  the  plank  road- 
way of  the  crossings  at  that  point.  At  Second  and  Third 
Streets  the  sidewalks  upon  both  sides  of  said  streets  shall 
be  planked  to  a width  of  not  less  than  six  (6)  feet  and 
the  sidewalks  of  the  other  named  streets  in  this  ordinance 
shall  be  planked  to  a width  of  not  less  than  four  (4)  feet 
and  extending  wholly  across  the  right  of  way  owned  and 
occupied  by  said  Railway  Company.  Also  good  and 
sufficient  culverts,  ditches  and  drains  shall  be  provided 
and  constructed  upon  all  of  said  streets,  herein  named, 
under  and  along  the  said  tracks,  sidetracks  and  switches, 
and  upon  Third  Street  up  and  until  (on  both  sides  there- 
of) its  intersection  with  Liberty  Street  for  the  free  flow 
of  water  that  may  run  or  flow  upon  any  of  said  streets; 
and  all  culverts,  ditches  and  drains,  and  all  excavations 
and  openings  upon  any  streets  within  the  right  of  way 
owned  or  occupied  by  said  Railway  Company  shall  be 
securely  covered  and  protected  to  prevent  accidents  to 
persons  or  property  lawfully  upon  said  streets. 

Section  21.  Notice. — If  said  Railway  Company  shall 
fail  to  comply  within  thirty  (30)  days  from  the  receipt  of 
notice  of  the  passage  of  this  ordinance,  as  provided  by 
statute,  the  Council  of  said  Village  shall  cause  said  cross- 
ings, approaches  and  sidewalks,  with  the  necessary  cul- 
verts, ditches  and  drains,  to  be  constructed,  at  the  ex- 
pense of  said  Railway  Company,  and  shall  recover  the 


64 

expense  thereof  with  interest  and  all  penalties  provided  by 
law  in  the  manner  provided  by  statute. 

(Passed  March  7th,  1894.  Bk.  i,  p.  112.) 


CHAPTER  III. 

ORDINANCES  REQUIRING  THE  LIGHTING  OF  RALROADS 

Section  22.  The  Pittsburgh  Youngstown  and  Ashta- 
bula.— The  Pittsburg,  Youngstown  and  Ashtabula  Rail- 
road Company  is  required  to  light  with  electric  lights  the 
portion  of  the  railroad  owned  by  the  said  The  Pittsburg, 
Youngstown  and  Ashtabula  Railroad  Company,  and  op- 
erated by  the  Pennsylvania  Company,  within  the  limits 
of  said  Village,  by  constructing  and  installing  incandes- 
cent electric  lights  at  the  point  where  said  railway 
crosses  Washington  Street  in  said  Village. 

Section  23.  Construction. — The  electric  lights  at 
each  of  the  above  designated  points  shall  be  a cluster  of 
three  incandescent  sixteen  candle  power  lamps.  Said 
lamps  and  the  poles,  wires  and  other  appliances 
and  fixtures  therefor  shall  be  of  the  kind  used 
by  the  Board  of  Trustees  of  Public  Affairs  of  said  Village. 
And  the  same  shall  be  constructed  and  installed  by  said 
Board  in  said  Village  and  said  lights  shall  be  kept  burn- 
ing the  same  number  of  hours  per  night  as  is  now  or  may 
hereafter  be  required  of  other  public  lights  in  said  Village. 

Section  24.  Notice. — The  Clerk  is  directed  to  give 
due  notice  to  said  Companies  of  this  ordinance  by  the 
delivering  of  a certified  copy  hereof  to  the  ticket  or  freight 
agent  of  said  Companies  in  said  Village,  and  if  said  Com- 
panies fail  to  light  said  tracks  in  conformity  hereto, 
within  twenty  days  from  the  service  of  such  notice,  said 
lighting  may  be  done  by  said  Village  at  the  expense  of 
said  Companies,  and  the  cost  thereof  assessed  against 
and  made  a lien  upon  the  property  of  said  Companies  as 
provided  by  law. 

(Passed  Feb.  6th,  1905.  Bk.  2,  p.  200) 


65 

Section  25.  Pittsburg  & Lake  Erie  and  The  Balti- 
more & Ohio. — It  is  deemed  necessary  by  the  Council  of 
the  Village  of  IvOwellville,  State  of  Ohio,  to  have  a por- 
tion of  the  railways  operated  by  The  Pittsburg  & Take 
Erie  Railroad  Company  and  The  Baltimore  & Ohio  Rail- 
road Company  within  the  limits  of  said  Village,  to-wit: 
From  McGill  Street  to  Fifth  Street  lighted,  and  that  the 
said  The  Pittsburg  & Lake  Erie  Railroad  Company  and 
the  said  The  Baltimore  & Ohio  Railroad  Company  are 
required  to  light  said  portion  of  said  railways  with  in- 
candescent electric  lights,  and  for  said  purpose  to  install 
and  maintain  or  cause  to  be  installed  and  maintained  6 
cluster  16  candle  power  lights  or  the  equivalent  thereof 
at  McGill  Street,  First  Street,  Second  Street,  Third 
Street,  Fourth  Street  and  Fifth  Street  in  said  Village, 
with  all  necessary  poles,  wires,  converters  and  other  fix- 
tures and  appliances  therefor,  which  shall  be  located  as 
shown  by  a blue  print  marked  “Exhibit  A”  and  identi- 
fied by  signatures  of  A.  L.  Rowland  and  L.  H.  E.  Lowry 
and  now  on  file  with  the  Clerk  of  said  Village,  which 
blue  print  is  expressly  referred  to  and  adopted  as  part  of 
this  ordinance,  and  said  lights  shall  be  kept  burning 
from  dark  to  daylight  each  and  every  night  except  said 
light  fail  from  accident  or  natural  causes. 

Section  26.  Notice. — The  Clerk  is  directed  to  give 
notice  to  said  The  Pittsburg  & Lake  Erie  Railroad  Com- 
pany, and  The  Baltimore  & Ohio  Railroad  Company  of 
the  passage  of  this  ordinance  by  serving  a copy  thereof 
upon  each  Company  according  to  law,  and  if  said  Rail- 
road is  not  lighted  as  herein  required  within  twenty  days 
from  the  service  of  such  notice,  said  lighting  will  be 
done  by  said  Village  and  the  expense  thereof  assessed 
against  said  Companies  in  the  manner  provided  by  law. 

(Passed  Oct.  4th,  1905.  Bk.  2,  p.  205.) 


66 

CHAPTER  IV. 

ORDINANCES  VACATING  STREETS. 

Section  27.  Railroad  Street  Partly  Vacated. — All 
that  portion  of  said  Railroad  Street  which  extends  from 
the  westeily  limits  of  said  Village  to  the  easterly  limits 
of  land  now  owned  by  The  Ohio  Iron  and  Steel  Company 
(said  easterly  limits  being  also  the  easterly  line  of  great 
lot  number  fifty-five  (55)  of  Poland  Township)  is  vacated 
throughout  its  entire  length  and  width. 

Section  28.  Railroad  Street  Partly  Narroived. — 
All  that  portion  of  said  Railroad  Street  which  extends 
from  the  easterly  limits  of  said  lands  now  owned  by  The 
Ohio  Iron  and  Steel  Company  to  the  easterly  end  of  said 
street,  and  which  lies  northeasterly  of  a line  drawn  par- 
allel to  and  at  all  points  distant  forty  (40)  feet  northeast- 
erly, measured  at  right  angles  from  the  southwesterly 
line  of  the  present  Railroad  Street,  is  vacated,  and  that 
portion  of  said  street  extending  from  the  easterly  limits 
of  the  land  now  owned  by  The  Ohio  Iron  and  Steel 
Company  to  the  easterly  end  of  said  street  is  narrowed 
to  a width  of  forty  (40)  feet. 

Section  29.  Conditions. — Before  those  portions  of 
Railroad  Street  which  are  vacated  by  this  ordinance  shall 
be  closed  to  public  travel.  The  Pittsburg,  Youngstown  & 
Ashtabula  Railroad  Company,  or  itssuccessors  or  assigns, 
shall  do,  or  cause  to  be  done,  the  following  things: 

{a)  New  Street. — Dedicate  and  open  up,  and  bear 
the  expense  of  opening  up  for  public  use,  a new  street 
forty  (40)  feet  in  width  upon  which  it  shall  and  will  con- 
struct a roadway  thirty-three  (33)  feet  in  width,  extend- 
ing from  Washington  Street  northwesterly  to  the  westerly 
limits  of  said  Village  of  Lowellville,  the  surface  of  said 
street  to  be  constructed  to  a regular  grade  of  g^ood  slag  to 
a depth  of  at  least  eighteen  inches  in  substantially  the 
location  indicated  on  the  blue  print  plan  filed  in  the  office 
of  the  Clerk  of  said  Village,  endorsed,  “Proposed  Second 


67 

track  and  change  of  alignment  Lowellville,  Ohio,  May 
22nd,  1903,”  and  marked  for  the  purpose  of  identification 
with  the  signatures  of  “JohnT.  Harrington”  aud  “Harry 
W.  Williams”,  and  place  said  street  when  so  opened  up, 
in  first  class  condition  for  public  travel,  and,  also,  shall 
construct  along  the  northeasterly  line  of  such  new  street 
a good  and  substantial  guard  rail,  and  shall  connect  said 
street  with  the  county  road  beyond  the  lands  of  The 
Ohio  Iron  and  Steel  Company,  and  shall,  also,  furnish 
plans  and  profiles  so  that  such  grade  may  be  established 
in  the  Village  of  Towellville,  and  a form  of  ordinance 
for  the  establishing  of  such  grade,  in  order  that  said  Vil- 
lage may  establish  said  grade  without  expense  to  itself. 

(d)  Fillmg  Railroad  Street. — At  its  own  cost  and  ex- 
pense fill  such  portions  of  Railroad  Street  as  remain  un- 
vacated (the  surface  of  said  street  to  be  constructed  on  a 
regular  grade  of  good  slag  to  the  depth  of  at  least  eight- 
een (18)  inches,  to  such  an  extent  as  the  Village  of  Row- 
ellville  may  require  and  direct,  and  shall,  also,  construct 
regular  approaches  thereto  on  all  intersecting  streets 
when  required,  such  filling  to  be  entirely  completed 
within  one  (i)  year  from  the  date  of  the  passage  of  this 
ordinance,  unless  prevented  by  litigation,  and  said  Rail- 
road Company  shall  also  furnish  plans  and  profiles,  show- 
ing the  grade  of  said  Railroad  Street  aud  intersecting 
streets  so  far  as  the  same  may  be  affected  by  the  filling 
of  the  part  thereof  which  remains  unvacated, and  the  forms 
of  ordinances  establishing  such  grades  in  order  that  the 
Village  may  establish  such  grades  without  cost  to 
itself,  and 

(c)  Village  Use  of  Private  Way. — Grant  said  Village 
the  free  and  full  use  for  fire  department  purposes  of  a 
private  way  to  be  constructed  by  said  Company  from 
Washington  Street  easterly  to  lands  of  Patrick  INIeehan. 

Section  30.  Acceptance  and  Indemnity.  — Within 
ninety  (90)  days  after  the  passage  of  this  ordinance,  said 
The  Pittsburg,  Youngstown  and  Ashtabula  Railroad 


68 


Company  shall  file  with  the  Clerk  of  said  Village,  its 
written  acceptance  under  its  corporate  name  and  seal,  of 
the  terms  and  conditions  of  this  ordinance,  and  agree 
therein 

(a)  Its  successors  and  assigns  will  in  all  respects  be 
bound  thereby,  and 

(d)  That  it,  its  successors  and  assigns,  shall  and  will 
fully  protect,  indemnify  and  save  harmless  the  said  Vil- 
lage of  lyowellville  from  any  and  all  claims  for  damages, 
costs  and  expense,  that  may  arise  against  said  Village  by 
the  reason  of  vacation  of  said  portions  of  said  Rail- 
road Street  as  hereinbefore  provided.  Provided,  how- 
ever, that  said  Village  shall  give  said  Railroad  Company, 
its  successors  or  assigns,  written  notice  immediately  upon 
such  claim  or  claims  being  made  against  it,  and  permit 
said  Railroad  Company,  in  the  name  and  on  behalf  of 
said  Village  to  adjust  the  same  with  the  claimant,  and 
in  case  said  Railroad  Company  is  unable  to  adjust  said 
claim  with  said  claimant,  said  Village  shall  refuse  to  ad- 
just the  same,  and  when  said  claimant  or  claimants  shall 
bring  suit  against  said  Village  for  such  claim  or  claims 
said  Village  shall  notify  said  Railroad  Company  that 
such  suit  has  been  brought  and  permit  said  Company  to 
defend  against  the  same  in  the  name  and  on  behalf  of 
said  Village. 

(Passed  April  i8th,  1904.  Bk.  2,  p.  120.) 

(Acceptance  Book  2,  page  126.) 

Section  31.  hnprovements  in  Railroad  Street^  Ap- 
proved,— The  improvements  made  by  the  Pittsburg, 
Youngstown  and  Ashtabula  Railroad  Company,  upon 
Railroad  Street  in  the  Village  of  Lowellville,  Ohio,  have 
in  all  respects  been  made  in  conformity  to  the  condi- 
tions imposed  by  the  terms  of  an  ordinance  vacating  a 
portion,  and  narrowing  another  portion  of  Railroad 
Street  in  the  Village  of  Lowellville,  Ohio,  and  passed  on 
the  1 8th  day  of  April,  A.  D.  1904,  and  said  Railroad 


69 

Company  is  released  from  making  any  further  improve^ 
ments  in  said  Railroad  Street. 

(Passed  Dec.  23rd,  1904.  Bk.  2,  p.  172.) 

Section  32.  Old  Street, — The  said  certain  street 
which  extends  northeasterly  from  Railroad  Street  to  the 
Mahoning  River  between  Out-Rots  number  forty-three 

(43)  and  number  forty-four  (44)  of  said  Village  is  vacated 
throughout  its  entire  length  and  width. 

Section  33.  Acceptance  and  Indemnity,— 
that  portion  of  said  street  which  extends  northeasterly 
from  Railroad  Street  to  the  Mahoning  river,  between 
Out-Lots  number  forty-three  (43)  and  number  forty-four 

(44) ,  which  is  vacated  shall  be  closed  to  travel,  The 
Pittsburg,  Youngstown  and  Ashtabula  Railroad  Com- 
pany, its  successors  or  assigns,  shall  file  with  the  Clerk 
of  said  Village,  its  written  acceptance  of  all  the  terms 
and  conditions  of  this  ordinance  and  therein  agree  that 
it  shall,  and  will  fully  protect,  indemnify  and  save 
harmless  said  Village  of  Lowellville  from  any  and  all 
claims  for  damages,  cost  and  expense  that  may  arise 
against  said  Village  by  reason  of  the  vacation  of  said 
certain  street  as  hereinbefore  provided.  Provided,  how- 
ever, that  said  Village  shall  give  said  Railroad  Com- 
pany, its  successors  or  assigns,  written  notice  immedi- 
ately upon  such  claim  or  claims  being  made  against  it, 
and  permit  said  Railroad  Company,  in  the  name  and  on 
the  behalf  of  said  Village  to  adjust  the  same  with  the 
claimant  or  claimants,  and  in  case  said  Railroad  Com- 
pany is  unable  to  adjust  said  claim  with  said  claimant 
or  claimants,  said  Village  shall  refuse  to  adjust  the  same, 
and  when  said  claimant  or  claimants  shall  bring  suit 
against  said  Village  for  such  claim  < r claims,  said  Vil- 
lage shall  notify  said  Railroad  Company  that  sucli  suit 
has  been  brought  and  permit  said  Company  to  defend 
against  the  same  in  the  name  and  on  behalf  of  the  said 
Village. 

(Passed  June  23rd,  1904.  Bk.  2,  p.  129.) 

(Acceptance  Bk.  2,  p.  145.) 


70 

Section  34.  Old  Bridge  Street. — All  that  portion 
of  the  old  road  lying  easterly  of  Washington  Street,  be- 
tween Railroad  Street  and  the  Mahoning  river,  where 
the  public  highway  formerly  crossed  the  Mahoning 
river  is  vacated  throughout  its  entire  length  and  width. 

Section  35.  Acceptance  and  Inde^nnity . — Before 
that  portion  of  said  old  road  lying  easterly  of  Washing- 
ton Street  between  Railroad  Street  and  the  Mahoning 
River  which  is  vacated,  shall  be  closed  to  public  travel, 
The  Pittsburgh,  Youngstown  and  Ashtabula  Railroad 
Company,  or  its  successors  or  assigns  shall  file  with  the 
Clerk  of  said  Village,  its  written  acceptance  of  all  the 
terms  and  conditions  of  this  ordinance,  and  therein  agree 
that  it  shall  and  will  fully  protect,  indemnify  and  save 
harmless  said  Village  of  Lowellville,  from  any  and  all 
claims  for  damages,  costs  and  expense  that  may  arise 
against  said  Village  by  reason  of  the  vacation  of  said  old 
road,  as  hereinbefore  provided.  Provided,  hov/ever,  that 
said  Village  shall  give  said  Railroad  Company,  its  suc- 
cessors or  assigns,  written  notice  immediately  upon  such 
claim  or  claims  being  made  against  it,  and  permit  said 
Railroad  Company,  in  the  name  and  on  behalf  of  said 
Village  to  adjust  the  same  with  the  claimant  or  claim- 
ants, and  in  case  said  Railroad  Company  is  unable  to 
adjust  said  claim  with  said  claimant  or  claimants,  said 
Village  shall  refuse  to  adjust  the  same,  and  when  said 
claimant  or  claimants  shall  bring  suit  against  said  Vil- 
lage for  such  claim  or  claims  said  Village  shall  notify 
said  Railroad  Company  that  such  suit  has  been  brought, 
and  permit  said  Company  to  defend  against  the  same 
in  the  name  and  on  behalf  of  said  Village. 

(Passed  June  23rd,  1904.  Bk.  2,  p.  132.) 

(Acceptance  Book  2,  page  135.) 

Section  36.  Howard  Street  Partly  Vacated. — All 
that  portion  of  Ploward  Street  which  extends  from  the 
northeasterly  line  of  Railroad  Street  to  the  Mahoning 
River  is  vacated  through  its  entire  length  and  width. 


71 

Section  37.  Acceptance  and  Indejnnity.  — Before 
that  portion  of  said  Howard  Street  which  extends  from 
the  northeasterly  line  of  Railroad  Street  to  the  Mahom 
ing  River,  hereby  vacated,  shall  be  closed  to  the  public 
travel.  The  Pittsburg,  Youngstown  and  Ashtabula  Rail- 
road Company,  or  its  successors  or  assigns,  shall  file  with 
the  Clerk  of  said  Village,  its  written  acceptance  of  all 
the  terms  and  conditions  of  this  ordinance,  and  therein 
agree  that  it  shall  and  will  fully  protect,  indemnify  and 
save  harmless  said  Village  of  Lowellville,  from  any  and 
all  claims  for  damages,  costs  and  expense  that  may  arise 
against  said  Village  by  reason  of  the  vacation  of  said 
Howard  Street,  as  hereinbefore  provided.  Provided, 
however,  that  said  Village  shall  give  said  Railroad  Com- 
pany, its  successors  or  assigns,  written  notice  immediately 
upon  such  claim  or  claims  being  made  against  it,  and 
permit  said  Railroad  Company,  in  the  name  and  on  be- 
half of  said  Village  to  adjust  the  same  with  the  claimant 
or  claimants,  said  Village  shall  refuse  to  adjust  the  same, 
and  when  said  claimant  or  claimants  shall  bring  suit 
against  said  Village  for  such  claim  or  claims,  said  Village 
shall  notify  said  Railroad  Company  that  such  suit  has 
been  brought,  and  permit  said  Company  to  defend  against 
the  same  in  the  name  and  on  behalf  of  said  Village. 

(Passed  June  23rd,  1904.  Bk.  2,  p.  136.) 

(Acceptance  Book  2,  p.  139.) 


CHAPTER  V. 

ORDINANCES  GRANTING  RIGHTS  AND  PRIVILEGES  TO 
STREET  RAILWAY  COMPANIES. 

Section  38.  Route  No.  /.  Liberty  Street. — A rail- 
road route  for  the  transportation  of  passengers,  baggage. 
United  States  mails,  express  matter,  packages,  freight, 
to  be  known  as  Street  Railroad  Route  No.  i,  is  estab- 
lished upon  and  over  Liberty  Street  in  said  Village 
throughout  its  entire  length. 


72 

Section  39.  Co^istruction^  etc. — The  Street  Railway 
to  be  constructed  over  said  route  shall  be  operated  with 
electricity,  or  such  other  motive  power,  except  steam  or 
auimal,  as  may  from  time  to  time  hereafter  be  adopted 
by  the  grantee  of  a franchise  hereunder,  that  said 
grantee  shall  have  the  right  to  construct,  equip,  main- 
tain and  operate  a single  track  street  railway  upon  and 
over  said  route,  with  the  sidetracks,  switches,  conduits, 
poles,  wires,  connecting  tracks,  curves  and  other  appur- 
tenances, fixtures  and  appliances  necessary  for  the  con- 
nection ot  the  same  with  other  lines,  and  for  the  opera- 
tion of  the  same,  and  shall  have  the  right  to  carry  and 
transport  upon,  along  and  over  said  line  of  railway, 
passengers,  baggage.  United  States  Mails,  express  mat- 
ter, packages,  freight  and  parcels;  provided,  however, 
that  in  case  the  Grantee  of  a franchise  hereunder  should 
at  any  time  desire  to  lay  sidetracks  or  switches  in  excess 
of  two,  he  or  it  must  obtain  permission  of  Council  so  to 
do. 

Section  40.  Construction.^  continued.  — Said  Rail- 
way line  shall  be  constructed,  equipped  and  laid  in 
proper  and  regular  grade  of  said  street,  as  now  estab- 
lished; the  gauge  of  said  railway  shall  be  standard 
gauge  of  four  feet,  eight  and  one-half  inches;  the  rails 
used  therein  shall  be  girder  rails,  having  a tram  of  not 
less  than  two  and  one-fourth  (2^)  inches  and  weighing 
not  less  than  sixty  (60)  pounds  per  lineal  yard;  the  poles 
shall  be  of  cedar  or  pine  and  shall  be  neatly  painted; 
the  track  of  said  railway  shall,  when  single,  be  laid  in 
the  center  of  the  street  and  where  turnouts  are  con- 
structed, the  tracks  thereof  shall  be  laid  as  near  to  the 
center  of  the  street,  and  as  close  to  each  other  as  is 
practicable,  and  the  rails  of  said  track  or  tracks  shall  as 
nearly  as  is  practicable  be  laid  on  a level  with  the  sur- 
face of  said  street. 

Section  41.  Regulatio7t. — Said  track  or  tracks  shall 
when  laid,  be  subject  at  all  times  to  be  taken  up  and  re- 


73 

laid  at  the  expense  of  the  grantee  of  a franchise  hereun- 
der, whenever  deemed  necessary  by  the  Council  of  said 
Village,  for  the  purpose  of  re-grading,  repairing  or  pav- 
ing said  part  of  said  street,  constructing  sewers  or  other 
improvements  therein,  necessitating  the  temporary  re- 
moval of  said  track  or  tracks,  or  any  part  thereof,  and 
traffic  upon  said  street  railway  may  be  suspended  by 
Council  for  such  reasonable  time  as  may  be  necessary  on 
account  of  such  repairs.  In  case  the  grade  of  said  street 
should  at  any  time  be  changed,  the  grantee  of  a fran- 
chise hereunder  shall  be  required  at  his  own  or  its  own 
cost  or  expense  to  make  his  or  its  track  or  tracks  con- 
form to  such  grade  as  changed. 

Section  42.  Pavings  Etc. — The  grantee  of  a fran- 
chise hereunder  shall  lay  his  or  its  tracks  upon  a furnace 
cinder  or  other  substantial  macadam  and  shall  restore 
that  part  of  said  street  which  has  been  macadamed,  as 
nearly  as  practicable  to  its  former  condition;  whenever 
said  street  is  paved,  the  grantee  of  a franchise  hereunder 
shall  pave  the  space  between  the  rails,  the  devil  strip, 
and  one  (i)  foot  on  the  outside  of  the  outer  rails,  at  the 
same  time  and  with  the  same  material  as  the  remainder 
of  said  street  is  paved,  and  shall  keep  the  space  between 
the  rails  and  tracks  and  one  (i)  foot  outside  of  the  outer 
rails  in  repair  and  free  from  nuisance  during  the  life  of 
this  grant. 

Section  43.  Macada7nizing. — The  grantee  of  a fran- 
chise hereunder  shall  macadamize  that  part  of  said  street 
which  has  been  macadamized  and  improved,  to  the  curb 
line,  which  is  understood  to  be  seventeen  (17)  feet  on 
each  side,  measured  from  the  center  line  of  the  street, 
using  the  same  kind  of  material  as  has  been  used  by  the 
Village  on  the  remainder  of  said  part  of  said  street,  and 
shall  macadamize  in  like  manner  with  like  material  to 
the  same  width,  those  parts  of  said  street  not  yet  im- 
proved, and  that  said  work  shall  be  done  under  the  su- 
pervision of  the  Council  of  said  Village. 


74 

Section  44.  Interference. — In  the  erection  of  poles 
and  wires  for  the  operation  of  said  railway,  the  grantee 
of  a franchise  hereunder  shall,  so  far  as  practicable,  avoid 
interference  with  the  poles,  wires  and  lamps  of  the  Elec- 
tric Eight  Plant  of  said  Village,  and  wherever  in  the 
erection  of  such  poles  and  wires,  any  interference  is  nec- 
essary with  the  poles,  wires  or  lamps  of  said  Electric 
Eight  Plant,  the  grantee  of  a franchise  shall  first  agree 
with  the  Board  of  Trustees  of  the  Electric  Works  as  to 
such  changes  as  shall  be  made  to  avoid  interference,  and 
at  its  own  cost  and  expense,  and  to  the  satisfaction  of 
said  Board,  shall  make  such  changes. 

Section  45.  Cars.^  Etc. — The  cars  to  be  used  on  said 
railway  shall  be  properly  lighted  and  heated  whenever 
the  comfort  and  convenience  of  passengers  require  the 
same.  Each  motor  car  shall  be  supplied  with  a proper 
headlight  and  gong;  such  headlight  shall  be  lighted 
whenever  the  safe  and  careful  operation  of  such  car  re- 
quires the  same.  Cars  shall  be  stopped  to  receive  or  to 
permit  passengers  to  alight,  so  as  to  leave  the  rear  plat- 
form slightly  past  the  cross-walk.  Cars  shall  be  run 
along  said  track  or  tracks  not  less  than  one  every  thirty 
(30)  minutes  in  each  direction,  between  the  hours  of  5:30 
o’clock  A.  M.,  Central  Standard  Time,  and  10:30  o’clock 
P.  M.,  and  on  Sundays  as  late  as  10  o’clock  P.  M., 
Central  Standard  Time. 

Section  46.  Non- Liability. — The  Village  shall  not 
be  held  liable  to  the  grantee  of  a franchise  hereunder  for 
any  damage  suffered  by  him  or  it  from  the  breakage  of 
any  sewer,  water  or  other  pipes  or  from  any  delay  that 
may  be  caused  by  the  construction  of  sewers,  laying  of 
water  pipes,  gas  or  other  pipes,  or  the  necessary  repair- 
ing of  the  same,  or  from  any  delay  or  damage  that  may 
be  caused  by  fire  or  otherwise. 

Section  47.  Indemnity. — The  grantee  of  a franchise 
shall  at  all  times  defend,  keep  harmless  and  indemnify 
the  Village  of  Eowellville  from  and  against  any  and  all 


75 

damages,  lawful  claims  and  demands,  for  injury  to  per- 
sons or  property  to  which  said  Village  may  be  legally 
subjected,  or  made  liable  by  any  proceeding  at  law  or  in 
equity,  growing  out  of  the  construction,  maintenance 
and  operation  of  such  line  of  railway,  provided  said  Vil- 
lage shall  give  such  grantee  reasonable  notice  of  any  and 
all  such  claims,  and  reasonable  notice  of  the  pendency 
of  any  and  all  such  actions;  and  permit  said  grantee  to 
assume  and  control  negotiations  for  the  settlement  of 
any  and  all  such  actions. 

Section  47.  Reservation, — The  Village  of  Lowell- 
ville  reserves  to  itself,  the  right  to  grant  to  any  other 
person  or  persons,  company  or  corporation,  operating  a 
street  railway,  the  ri^ht  and  privilege  to  cross  the  railway 
laid  hereunder  at  grade  at  any  public  street  crossing  upon 
such  terms  and  conditions  as  the  Council  may  deem  just 
and  equitable,  in  case  the  grantee  of  a franchise  hereunder 
and  the  person  or  persons,  company  or  corporation,  seek- 
ing such  crossing  should  fail  to  agree  among  themselves. 

Section  48.  Bids. — The  bidders  for  the  franchise 
over  the  route  established  in  Section  38  hereof,  shall 
state  in  their  proposals  therefor: 

(1)  At  what  price  they  will  carry  passengers  over  said 
route  in  either  direction. 

(2)  At  what  price  they  will  carry  passengers  between 
Lowellville  and  the  Pittsburg  & Western  Station  at 
Struthers,  or  at  any  intervening  point  in  either  direction. 

(3)  At  what  price  they  will  carry  passengers  between 
Towellville  and  the  Public  Square  (commonly  called  the 
Diamond)  in  the  City  of  Youngstown,  Ohio,  or  any  in- 
tervening point  in  either  direction. 

And  (4)  That  they  will  carry  children  5 yrs.  of  age  01 
under,  accompanied  by  an  older  person  in  charge,  free. 

Section  49.  Term. — The  franchise  which  shall  be 
given  hereafter  for  the  operation  of  said  railroad  route 
shall  continue  for  and  during  the  period  of  twenty-five 
(25)  years  from  and  after  its  date,  and  such  line  of  rail 


76 

way  shall  be  completed  and  in  operation  in  fifteen  (15) 
months  from  the  same  date,  unless  the  construction  and 
operation  thereof  be  prevented  b}  litigation  or  other 
causes  beyond  the  control  of  the  grantee  hereunder. 

Section  50.  Advertising. — The  Clerk  of  said  Village 
is  hereby  ordered  to  advertise  for  sealed  proposals  to  con- 
struct and  operate  a street  railway  over  the  route  estab- 
lished in  Section  38  hereof,  and  covering  the  points 
mentioned  in  Section  48  hereof,  for  the  period  of  three 
consecutive  weeks,  as  provided  by  law. 

Section  51.  Force  and  Effect. — This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage  and 
legal  publication,  and  all  the  terms,  obligations  and  con- 
ditions hereof  shall  run  to  and  be  binding  upon  the 
grantee  of  a franchise  hereunder,  his,  its,  or  their  heirs, 
successors,  lessees  or  assigns. 

(Passed  June  4th,  1900.  Bk.  i,  p.  184.) 

Section  52.  Grantees. — Permission  is  granted  to 
Arthur  A.  Anderson  and  John  B.  McVey,  the  survivor 
of  them,  their  heirs,  successors,  lessees  or  assigns,  to  con- 
struct and  operate  said  Street  Railroad  Route  No.  i as 
follows: 

“Upon  and  over  Biberty  Street  in  said  Village  through- 
out its  entire  length  with  the  right  and  privilege  to  carry 
and  transport  over  said  line  of  railway,  passengers, 
freight,  baggage,  express  matter.  United  Stages  Mails, 
packages  and  parcels.” 

Section  53.  Terni.--^\i^  foregoing  grant  shall  be 
for  the  period  of  twenty-five  (25)  years,  and  shall  be  sub- 
ject to  all  the  terms  and  conditions  contained  in  an  ordi- 
nance entitled:  “An  Ordinance  to  establish  a Street  Rail- 
road Route  upon  and  over  Liberty  Street  in  the  Village  of 
Lowellville,  Ohio,  and  to  prescribe  tt  e terms  and  condi- 
tions upon  which  a street  railway  may  be  constructed, 
maintained  and  operated  thereon,”  passed  by  the  Council 
on  the  4th  day  of  June,  A.D.  1900,  establishing  said  route. 

Section  54.  Fare. — The  rate  of  fare  shall  at  no  time 
exceed  the  rates  named  in  the  preamble  to  this  ordi- 
nance, to-wit: 


77 

First.  Over  said  route,  in  either  direction,  single  fare, 
five  (5)  cents. 

Second.  Between  Lowellville  and  the  Pittsburg  & 
Western  Station  at  Struthers,  O.,  or  any  intervening 
point,  in  either  direction,  single  fare  five  (5)  cents. 

Third.  Between  Lowellville  and  the  Public  Square 
(commonly  called  the  Diamond)  in  the  City  of  Youngs- 
town, Ohio,  in  either  direction,  single  fare  ten  (10)  cents. 

{a)  From  Dowellville,  or  from  any  point  between  Dow- 
ellville  and  the  Pittsburg  & Western  Station  at  Struth- 
ers, Ohio,  to  any  point  between  said  Pittsburg  & West- 
ern Station  and  the  Public  Square  in  the  City  of  Youngs- 
town, Ohio,  single  fare  ten  (ro)  cents. 

(b^  From  the  Public  Square  in  the  City  of  Youngs- 
town, Ohio,  or  from  any  point  between  said  Public 
Square  and  the  Pittsburg  & Western  Station  at  Struth- 
ers, to  any  point  between  said  Pittsburg  & Western  Sta- 
tion and  lyowellville,  single  fare  ten  (10)  cents. 

Fourth.  Children  five  (5)  years  of  age  or  under,  ac- 
companied by  an  older  person  in  charge,  free. 

Section  55.  Acceptance. — The  said  Arthur  A.  An- 
derson and  John  E.  McVey,  the  survivor  of  them,  their 
or  his  heirs,  successors,  lessees  and  assigns,  shall  within 
sixty  (60)  days  from  the  passage  of  this  ordinance,  in 
writing,  accept  the  terms  and  conditions  thereof,  and  pay 
all  costs  and  expenses  of  publishing  this  ordinance,  the 
notice  of  proposals  for  bids  to  construct  said  Street  Rail- 
way Route  No.  I. 

(Passed  Aug.  3rd,  1900.  Bk.  i,  p.  193.) 


CHAPTER  VI. 

ORDINANCES  GRANTING  RIGHTS  AND  PRIVILEGES  TO 
TELEPHONE  AND  TELEGRAPH  COMPANIES. 

Section  56.  The  Ohio  Telephone  arid  Telegraph  Co. 
— Permission  is  granted  to  The  Ohio  Telephone  and 
Telegraph  Company,  its  successors  and  assigns,  to  erect, 
operate  and  maintain  its  lines  of  telephone  and  telegraph 
including  the  necessary  poles  and  wires  and  fixtures,  upon 


78 

along  and  over  the  following  streets  within  the  Village 
of  Lowellville,  Mahoning  County,  Ohio,  viz:  Upon,  along 
and  over  Jackson  Street  from  the  easterly  line  of  the 
Village  of  Lowellville,  Mahoning  County,  Ohio,  to  Wash- 
ington Street,  thence  along  Washington  Street  to  Railroad 
Street,  thence  along  Railroad  Street  to  Village  Limits, 
also,  upon,  over  and  along  such  other  streets  and  alleys  as 
will  best  enable  said  Company  to  accommodate  parties 
desiring  to  be  connected  with  the  lines  of  said  Company. 

Section  57.  Re-Location, — In  case  any  pole  or  poles 
erected  by  virtue  of  this  ordinance  shall  interfere  with 
the  public  use  of  the  streets,  the  Village  Council  may  re- 
quire said  Company  to  change  the  location  of  such  pole  ' 
or  poles,  and  the  said  The  Ohio  Telephone  and  Telegraph 
Company  shall  make  such  change  of  location  at  its  own 
expense. 

(Passed  Aug.  20th,  1891.  Bk.  i,  p.  60.) 

Section  58.  Ceiitral  Union  Telephone  Company, — 
The  right  is  hereby  granted  to  the  Central  Union  Tele- 
phone Company,  its  successors  and  assigns,  to  place  and 
to  operate  and  maintain,  for  a period  of  twenty-five  years 
(25)  from  the  taking  effect  of  this  ordinance  upon  the 
highways  of  said  Village,  the  poles,  wires  and  fixtures 
necessary  and  convenient  for  supplying  to  the  public, 
communications  by  telephone  or  other  improved  electri- 
cal device,  for  the  transmission  of  telephone  or  tele- 
graphic communications. 

Section  59.  Conditions, — All  the  privileges  herein 
granted  by  the  said  Village  are  granted  upon  the  follow- 
ing conditions: 

1.  That  the  Central  Union  Telephone  Company  and  its 
successors  and  assigns,shall  establish  within  sixty  (60)  days 
from  the  taking  effect  of  this  ordinance,  and  shall  maintain 
and  operate  under  proper  and  reasonable  rules,  a pay  or 
toll  station,  at  a convenient  place  in  said  Village. 

2.  That  the  said  Central  Union  Telephone  Company, 
its  successors  and  assigns,  shall  locate  its  said  poles,  wires 


79 

and  fixtures,  on  ly  at  such  points  upon  the  said  highway 
as  shall  be  determined  and  approved  by  the  improvements 
Committee  of  the  Council,  and  that  said  Company  shall 
put  and  keep  in  good  order  all  those  parts  of  the  high- 
ways excavated  in  the  setting  of  poles  or  other  fixtures, 
remove  all  dirt  or  other  excavated  material  at  its  own 
expense,  and  upon  removal  of  any  such  pole  or  other 
fixture,  shall  refill  the  excavation  and  put  said  highway 
in  its  former  condition  to  the  satisfaction  of  the  Council; 
that  all  poles  shall  be  neatly  painted,  and  all  cross  arms 
thereon  shall  be  not  less  than  24  feet  above  the  estab- 
lished grade  of  said  highways,  and  that  said  poles  and 
other  fixtures  shall  be  so  set  as  not  to  interfere  with  the 
flow  of  water  in  any  gutter  or  drain,  or  with  trees  planted 
for  shade. 

Section  60.  Indemnity. — Said  Company  shall  hold 
said  Village  harmless  and  free  from  all  damages  arising  by 
reason  of  any  abuse  or  negligence  in  such  occupancy;  and 
this  grant  is  made,  and  is  to  be  enjoyed  subject  to  all 
reasonable  regulations  or  ordinances  of  a police  nature  as 
said  Council  may  be  authorized  and  see  proper  at  any  time 
to  adopt,  not  destructive  to  the  rights  hereby  granted. 

Section  61.  Reservation. — The  right  of  use  herein 
given  shall  not  be  exclusive;  the  Council  reserves  the 
right  to  grant  a like  right  of  way  to  any  person  or  persons 
for  similar  uses;  the  same,  however,  not  to  interfere  with 
a reasonable  exercise  of  the  privileges  hereby  granted. 

Section  62.  Village  IVires^  Etc. — In  consideration 
hereof,  said  Central  Union  Telephone  Company  shall 
agree  to  allow  the  Village  to  attach  at  any  time  to  any 
of  said  poles,  the  Village  fire  alarm  and  police  wires;  pro- 
vided the  same  shall  not  be  done  so  as  to  interfere  with 
said  Company’s  use;  and  such  attachment  shall  be  made 
and  maintained  under  direction  of  said  Company’s  Mana- 
ager.  And  said  Company  is  to  furnish  such  telephones 
as  the  Council  may  by  resolution  require  for  Village  use 
at  twenty-five  (25)  per  cent  discount  from  the  regular 


8o 


prices  from  time  to  time  charged  for  business  purposes, 
provided  that  for  each  of  the  telephones  so  furnished 
separate  contracts  containing  the  customary  provisions, 
be  previously  signed,  having  endorsed  thereon  the  con- 
cession herein  specified. 

(Passed  June  19th,  189.  Bk.  i,  p.  140.) 

Section  63.  Youngstown  Telephone  Co. — The  Youngs- 
town Telephone  Company,  its  successors  and  assigns,  and 
it  and  they  are  granted  the  right,  franchise  and  privilege 
of  constructing  and  maintaining  in,  upon,  along,  over 
and  under  the  streets,  alleys,  bridges,  public  ways  and 
public  grounds,  of  the  Village  of  Towellville,  Ohio,  such 
poles  and  posts,  of  wood,  iron  or  other  suitable  material, 
and  such  wires  and  other  appurtenances  and  fixtures  as 
are  or  may  be  necessary  and  convenient  for  the  construc- 
tion, maintenance  and  operation  of  a telephone  ex- 
change or  system  of  telephones  in  said  Village. 

Section  64.  Conditions.  — All  the  rights  herein 
granted  by  said  Village,  are  granted  subject  to  the  fol- 
lowing provisions  and  conditions: 

First.  Constructio7i. — Such  poles,  posts,  wires  and 
other  appurtenances  and  fixtures  shall  be  erected  and 
maintained,  only  upon  one  side  of  each  street,  alley, 
bridge,  public  way  and  public  ground  used,  unless  it 
shall  be  necessary  to  change  from  one  side  thereof  to  the 
other,  for  the  purpose  of  reaching  a desired  destination, 
or  for  the  purpose  of  avoiding  obstructions. 

Second.  Co^istruction.^  contmued. — Said  poles  or  posts 
shall  be  so  set,  and  suid  wires  so  placed  thereon  as  not  to 
interfere  with  travel  upon  said  streets,  alleys,  bridges, 
public  ways,  and  public  grounds;  and  in  case  any  pole  or 
post  so  erected  shall  interfere  with  the  public  use  of  said 
streets,  alleys,  bridges,  public  ways  or  public  grounds, 
said  Village  may  require  the  said  The  Youngstown  Tele- 
phone Company,  its  successors  or  assigns,  to  change  the 
location  of  the  same,  and  thereupon  the  said  The  Youngs- 
town Telephone  Co.,  its  successors  or  assigns,  shall  make 


8i 


such  change  of  location  at  its  own  expense;  and  the  said 
The  Youngstown  Telephone  Co.,  its  successors  or  assigns, 
shall  put  in  good  order  and  repair,  at  its  own  expense,  all 
parts  of  said  streets,  alleys,  bridges,  public  ways  and 
public  grounds,  which  shall  be  excavated,  to  permit  the 
setting  of  said  poles  or  posts,  and  shall  remove  the  dirt 
or  other  excavated  material,  at  its  own  expense,  if 
deemed  necessary  by  said  Village.  And  on  the  removal 
of  any  poles  or  posts,  by  the  said  The  Youngstown  Tele- 
phone Company,  its  successors  or  assigns  shall  refill  the 
excavations  therefore  occupied  by  the  poles  or  posts  re- 
moved, to  the  satisfaction  of  said  Village. 

Third.  Construction.^  co7itinued. — Said  poles  or  posts 
shall  be  so  set  as  not  to  interfere  with  the  flow  of  water 
in  any  gutter  or  drain,  or  with  trees  planted  for  shade  in 
said  Village,  and  shall  be  shaven  and  painted,  and  erected 
under  the  supervision  of  the  Council  of  the  said  Village. 
And  said  Council  shall  have  the  right  to  establish  and 
make  such  regulations,  with  reference  to  the  public 
safety,  protection,  painting  and  sightliness  of  poles  or 
posts  and  appurtenances  as  it  may  determine. 

Fourth.  Village  Wires. — The  said  Village  shall  have 
the  right  to  string  its  fire  alarm  and  police  wires  upon  all 
of  the  poles  or  posts  erected  by  the  said  The  Youngstown 
Telephone  Company,  its  successors  or  assigns;  but  in 
such  manner  as  not  to  interfere  with  the  proper  and  sat- 
isfactory use  of  the  same  by  the  said  The  Youngstown 
Telephone  Company,  its  successors  or  assigns,  it  being  un- 
derstood that  said  Village  may  use  the  top  arm  of  eacli  pole, 
or  so  much  of  the  same  as  may  be  necessary  for  that  pur 
pose. 

Fifth.  Central  Office. — The  said  The  Youngstown 
Telephone  Company,  its  successors  or  assigns,  shall  main- 
tain and  use,  under  proper  and  reasonable  restrictions 
and  rules,  a central  office  and  operator,  on  the  system  of 
telephone  wires  erected  by  it,  under  this  ordinance,  at  a 
convenient  point  in  said  Village. 


82 


Sixth.  Rates. — The  said  The  Youngstown  Telephone 
Co.,  its  successors  or  assigns,  shall  charge  a uniform  price 
to  all  persons  within  said  Village,  for  the  same  service  ren- 
dered, and  under  contracts,  for  the  same  period  of  time. 

Seventh.  Free  Telephone  for  Village. — The  said  The 
Youngstown  Telephone  Co.,  its  successors  or  assigns,  shall 
furnish  to  said  Village,  for  Village  business,  free  of  charge, 
and  with  exchange  service,  one  telephone  at  the  place  of 
meeting  of  the  Council,  and  shall  also  furnish  any  addi- 
tional instruments  that  may  be  required  for  Village  use, 
when  called  for  by  a resolution  of  the  Council,  at  twenty- 
five  per  cent  discount  on  the  regular  rates  from  time  to 
time  charged  for  telephones  for  office  use,  provided  that 
for  each  and  all  telephones  so  furnished,  separate  written 
contracts  shall  be  previously  signed,  having  endorsed 
thereon,  the  terms  of  payment  herein  provided  for. 

Eighth.  Exchange. — The  said  The  Youngstown  Tele- 
phone Company,  its  successors  or  assigns,  shall  build  a 
telephone  exchange,  of  sufficient  capacity  to  accommodate 
at  least  fifty  subscribers,  and  have  the  same  in  operation 
within  one  year,  unless  the  same  is  prevented,  by  litiga- 
tion or  other  cause,  beyond  its  control.  And  should  the 
operation  of  said  telephone  exchange  be  discontinued,  at 
any  time  for  the  period  of  one  year,  this  ordinance  shall 
become  null  and  void,  at  the  option  of  said  Village,  un- 
less said  discontinuance  be  caused  by  litigation  or  other 
cause  beyond  the  control  of  said  Company,  its  successors 
or  assigns;  and  thereupon  the  poles,  wires  and  other  ap- 
purtenances and  other  fixtures,  shall  be  removed  from 
the  streets,  alleys,  bridges,  public  ways  and  public 
grounds  of  said  Village,  within  a reasonable  time,  upon 
request  of  said  Village. 

Ninth.  Indemnity. — Said  Company  shall  hold  said 
Village  free  and  harmless  from  all  damages  aris- 
ing by  reason  of  the  occupancy  of  streets,  alleys, 
bridges,  public  ways  and  public  grounds  of  said  Village, 
inider  this  ordinance,  provided,  however,  that  said  Vil- 


83 

lage  shall  immediately  give  the  said  The  Youngstown 
Telephone  Company,  its  successors  or  assigns,  written 
notice  ot  any  claim  for  damages  that  may  be  made 
against  said  Village  arising  from  the  reason  hereinbefore 
mentioned,  and  shall  permit  said  Company,  its  success- 
ors or  assigns,  to  compromise,  adjust  or  defend  against 
such  claim  or  claims  as  to  said  Company  may  seem  best. 

Tenth.  Reservation. — The  right,  franchise  and  privi- 
lege granted  shall  not  be  exclusive,  the  Council  reserv- 
ing the  right  to  grant  like  rights,  privileges  and  fran- 
chises, to  any  person,  persons  or  corporation. 

Eleventh,  hiterference. — The  right,  privilege  and 
franchise  granted  shall  be  so  used  and  exercised  by  the 
said  The  Youngstown  Telephone  Company,  its  success- 
ors or  assigns,  so  as  not  to  interfere  with  a reasonable 
use  and  exercise  of  the  electric  light  system  of  said  Vil- 
lage, or  with  the  reasonable  use  and  exercise  of  any 
rights,  privileges  or  franchises  heretofore  granted  by  said 
Village,  to  any  person,  persons  or  corporation. 

Twelfth.  Acceptance. — The  said  The  Youngstown  Tele- 
phone Company,  its  successors  or  assigns,  shall,  within 
thirty  days  after  the  passage  of  this  ordinance,  accept 
the  right,  franchise  and  privilege  hereby  granted  it,  and 
pay  the  ‘expense  of  the  preparation  and  publication  ot 
this  ordinance. 

(Passed  May  27th,  1901.  Bk.  i,  p.  213.) 

(Acceptance,  see  Bk.  i,  p.  222.) 

( Note. — For  an  ordinance  granting  certain  rights  to 
The  Union  Telephone  and  Telegraph  Company,  see  Bk. 
I.  P-  1 35-) 


84 

CHAPTER  VIL 

ORDINANCES  GRANTING  MISCELLANEOUS  RIGHTS  AND 
PRIVILEGES. 

Section  65.  Electric  Works  Switch. — The  right  is 
granted  to  the  Board  of  Trustees  of  the  Electric  Works, 
and  to  the  Pittsburg  and  Lake  Erie  Railroad  Company 
under  any  agreement  which  the  said  Trustees  may 
make  with  said  Railroad  Company,  and  to  the  respect- 
ive successors  and  assigns  of  said  Trustees  and  said  Com- 
pany, to  construct,  maintain,  use  and  operate  a single 
track  railroad  switch  or  side  track  from  the  existing 
switch  of  said  Railroad  Company  on  Water  Street,  along 
and  upon  Fourth  Street,  the  full  length  of  the  premises 
purchased  as  a site  for  the  Electric  Eight  Works,  to- wit : 
The  West  Half  of  Eot  Number  Thirty-Three  (No.  33) 
in  said  Village. 

( Passed  March  28th,  1900.  Bk.  i,  p.  180.) 

Section  66.  Jesse  Cun7tingha7n. — The  right  is  hereby 
granted  to  Jesse  Cunningham,  his  heirs,  legal  repre- 
sentatives and  assigns,  to  place  and  to  operate  and  to 
maintain  for  the  period  of  Twenty-five  ( 25 ) years,  from 
the  taking  effect  of  this  ordinance,  upon  Third  Street 
the  full  length  of  said  Street  in  said  Village,  the  poles, 
wires  and  fixtures  necessary  and  convenient  for  the 
transmission  of  communications,  by  telephone,  01  other 
improved  electrical  devices. 

Section  67.  Conditions. — All  the  privileges  herein 
granted  by  said  Village  are  granted  upon  the  following 
conditions  : 

First.  Construction. — The  said  Jesse  Cunningham, 
his  heirs,  legal  representatives  and  assigns  shall  locate 
and  maintain  said  poles,  wires  and  fixtures  only  at  such 
points,  upon  said  Street,  as  shall  be  determined  and 
approved  by  the  Improvement  Committee  of  the  Coun- 
cil, and  shall  put  and  keep  in  good  order,  all  those 
parts  of  said  street  excavated  in  the  setting  of  poles 
or  other  fixtures,  remove  all  dirt  or  other  excavated 


85 

material,  at  his  or  their  own  expense,  and  upon  removal 
of  any  such  pole  or  wire  or  other  fixture,  refill  the 
excavation  and  put  said  street  in  its  former  condi- 
tion to  the  satisfaction  of  the  Council.  All  poles  shall 
be  neatly  painted  and  all  cross-arms  thereof  shall  be  not 
less  than  twenty-four  ( 24 ) feet  above  the  established 
grade  of  said  Street.  And  said  poles,  wires  and  fixtures 
shall  be  so  placed  and  maintained  as  not  to  interfere 
with  travel  on  said  street,  and  so  as  not  to  interfere  with 
the  poles,  wires  and  fixtures  of  the  Electric  Eight 
Works  of  said  Village  ; ( or  with  the  poles,  wires  and 
fixtures  of  the  Central  Union  Telephone  Company,  or  of 
any  person  or  corporation  to  whom  a franchise  has  been 
heretofore  granted,  for  the  operation  of  any  Street  Rail- 
way, within  said  Village).  And  said  poles  and  other 
fixtures  shall  be  so  set  as  not  to  interfere  with  flow  ot 
water  in  any  gutter,  drain  or  sewer,  or  with  trees 
planted  for  shade. 

Second.  Indemnity.,  Etc. — The  said  Jesse  Cunning- 
ham, his  heirs,  legal  representatives  and  assigns,  shall 
hold  such  village  free  and  harmless  from  all  damages 
arising  by  reason  of  (any  trespass  or  negligence  in)  such 
occupancy.  This  grant  is  made  and  is  to  be  enjoyed, 
subject  to  all  reasonable  regulations  and  ordinances  of  a 
police  nature,  as  said  Council  may  be  authorized  and  see 
proper  at  any  time  to  adopt,  not  destructive  to  the  rights 
hereby  granted. 

Third.  Reservations. — The  right  of  way  liere  given 
shall  not  be  exclusive.  The  Council  reserves  the  ri^rlit 
to  grant  a like  right  of  way  to  any  person  or  p^  rsons  for 
similar  uses.  The  same,  however,  not  to  interfere  with 
a reasonable  exercise  of  the  privileges  hereby  granted. 

Fo2irth.  Village  Wires.,  Etc. — In  consideration  hereof, 
said  Jesse  Cunningham,  his  heirs,  legal  representatives 
and  assigns  shall  allow  said  Village  to  attach,  at  any 
time  to  any  of  said  poles,  Village  fire  alarm  and  police 
wires,  provided  the  same  shall  not  be  done,  so  as  to  inter- 
fere with  the  proper  use  of  said  telephone  line,  and  such 


86 


attachment  shall  be  made  and  maintained  under  the 
direction  of  said  Jesse  Cunningham,  his  heirs,  legal  rep- 
resentatives or  assigns. 

(Passed  January  7th,  1901.  Bk.  i,  p.  200.) 

Section  68.  Walsh  and  Stambaugh. — That  Walsh 
and  Stambaugh  be  given  the  right  and  privilege  to 
occupy  and  use  with  the  scales  and  offices,  and  to  make 
an  opening  for  the  purpose  of  removing  coal  for  a period 
of  ten  (10)  years  at  the  extreme  south  end  of  Howard 
Street. 

Section  69.  Contmned.  — Walsh  and  Stambaugh 
shall  keep  the  Village  of  Towellville,  Ohio,  free  and 
clear  from  any  damage  that  might  accrue  by  their  occu- 
pying said  street. 

Section  70.  Continued. — All  refuse  and  dirt  is  to 
be  removed  and  said  street  kept  open  for  travel. 

(Passed  April  4th,  1904.  Bk.  2,  p.  116.) 

(Note. — For  an  ordinance  granting  certain  pipe  line 
rights  to  E.  T.  Cooper  & Co.,  see  Bk.  i,  p.  224.) 


CHAPTER  VIH. 

ORDINANCES  APPROVING  PLATS. 

Section  71.  Margaret  N.  Lowry.  — Margaret  N. 
Lowry’s  sub*division  into  lots  of  that  portion  of  the  Mar- 
garet N.  Lowry  farm  lying  along  the  North  side  of 
Wood  Street  in  the  suburbs  of  Lowellville,  and  situated 
partly  in  Great  Lot  No.  Eighty  (80)  and  partly  in  Great 
Lot  No.  Eighty-one  (81)  in  the  original  survey  of  Poland 
Township  (that  part  of  said  sub-division  which  is  situated 
in  said  Great  Lot  No.  Eighty-one,  being  within  the 
limits  of  said  Village)  as  said  sub-division  was  surveyed 
by  Chas.  L.  Mackey,  Civil  Engineer,  August  9,  1899, 
and  approved,  certified  and  acknowledged  by  the  said 
Margaret  N.  Lowry,  October  2,  1899,  is  accepted  and 
approved,  and  the  streets  therein  laid  out  within  the 
limits  of  the  said  Village,  and  platted  and  dedicated  to 
public  use  by  the  proprietress  of  said  sub-division 


87 

are  accepted,  and  such  dedication  confirmed  and  the 
same  are  declared  to  be  public  highways  of  the  said 
Village,  and  the  Village  Clerk  is  directed  to  certify  upon 
said  plat  for  record  the  approval  of  said  sub-division  by 
the  Council  as  aforesaid. 

(Passed  Oct.  2nd,  1899.  Bk.  i,  p.  143.) 

Section  72.  Geo.  Quies^ier. — The  plat  of  lots  and 
streets  in  the  sub-division  of  Out-Iyot  No.  Thirty-six  (36) 
in  said  Village,  platted  and  owned  by  Geo.  Qniesner,  sur- 
veyed on  the  6th  day  of  February,  1901,  by  Geo.  M. 
Montgomery,  County  Surveyor,  and  certified  and 
acknowledged  by  said  Geo.  Quiesner  on  the  iith  day  of 
February,  1901,  is  accepted  and  approved  and  the  streets 
and  alleys  therein  laid  out  and  platted  and  dedicated  to 
public  use  by  the  proprietor  of  said  sub-division,  are 
accepted  and  said  dedication  confirmed,  and  the  same 
are  declared  to  be  public  highways  of  the  said  Village, 
and  the  Village  Clerk  is  directed  to  approve  said  plat 
for  record. 

(Passed  February  19th,  1901.  Bk.  i,  p.  210.) 

Section  73.  Nessle^s  Second  Addition. — A plat  of 
Nessle’s  Second  Addition  to  Lowell ville,  O.,  as  re-sur- 
veyed January  25th,  1902,  by  Edwin  Hazeltine,  Sur- 
veyor, and  acknowledged  by  Isaiah  J.  Nessle  on  the 
17th  day  of  March,  1902,  is  approved. 

(Passed  March  17th,  1902.  Bk.  i,  p 236.) 

Section  74.  He^iry  Mnllin. — The  plat  of  lots  and 
streets  in  a sub-division  of  a part  of  Out-Lots  No.  30  and 
31  in  the  Village  of  Lowellville,  County  of  Mahoning, 
State  of  Ohio,  platted  and  owned  by  Henry  Mnllin, 
dated  and  acknowledged  by  him  on  the  13th  day  of  July, 
1904,  is  accepted  and  approved,  and  the  streets  therein 
laid  out  and  platted  and  dedicated  to  public  use  by 
the  proprietor  of  said  sub-division  are  accepted,  and  such 
dedication  confirmed,  and  the  same  are  declared  to  be 
public  highways  of  said  Village  of  Lowellville,  State  of 
Ohio,  and  the  Clerk  of  said  Village  is  directed  to 
approve  said  plat  for  record. 

(Passed  Aug.  ist,  1904.  Bk.  2,  p.  140.) 


88 


Section  75.  F.  A.  McBride. — The  plat  of  five  lots 
in  a sub-division  of  a part  of  Ont-Iyots  Number  Thirty 
(30)  and  Number  Thirty -one  (31)  of  the  Village  of  Tow- 
ellville,  State  of  Ohio,  platted  and  owned  by  F.  A. 
McBride  and  dated  and  acknowledged  by  him  on  the 
19th  day  of  December,  A.  D.,  1904,  is  accepted  and 
approved  and  the  Village  Clerk  directed  to  approve  said 
plat  for  record. 

(Passed  January  4th,  1905.  Bk.  2,  p.  182.) 


CHAPTER  IX. 

ORDINANCES  AUTHORIZING  THE  PURCHASE  OR  LEASE 
OF  PROPERTY. 

Section  76.  Electric  Works  Site.  — Whereas  the 
Board  of  Trustees  of  the  Electric  Works  of  the  Village 
of  Lowellville,  Ohio,  propose  to  purchase  from  James 
Erskine  for  the  sum  of  Two  Hundred  and  Fifty  Dollars 
($250.00),  the  following  described  premises  as  a site  for 
the  Electric  Works  of  said  Village,  to-wit : Situated  in 
the  Village  of  Lowellville,  County  of  Mahoning  and 
State  of  Ohio,  and  known  as  the  West  Half  of  Lot  Num- 
ber Thirty-Three  (33)  according  to  the  present  enumera- 
tion of  lots  in  said  Village,  formerly  known  as  Lot  Num- 
ber One  (No.  i)  in  Block  No.  5,  and  bounded  as 
follows : On  the  North  by  the  right  of  way  of  Pittsburg 
and  Lake  Erie  Railroad  Company  ; on  the  East  by  the 
East  Half  of  said  lot.  Number  Thirty-Three  (No.  33) 
heretofore  sold  by  the  said  James  Erskine  to  Andrew 
Baughman  ; on  the  South  by  Water  Street,  formerly 
known  as  Canal  Street ; on  the  West  by  Fourth  Street, 
and  having  a frontage  of  thirty-three  (33)  feet  on  Water 
Street,  and  extending  back  therefrom  between  parallel 
lines  one  hundred  and  fifteen  feet  and  nine  inches  (115 
ft.  and  9 in.)  excepting  and  reserving,  however,  to  the 
said  James  Erskine,  his  heirs,  legal  representatives  and 
assigns,  the  right  to  remove  the  salt  house  now  upon  said 
premises  from  its  present  site  and  to  keep  and  maintain 


89 

said  salt  house  upon  the  said  North-parts  of  said  prem- 
ises, for  the  full  term  of  ten  (lo)  years  with  the  free 
right  of  access  to  said  salt  house  at  all  times  and  for  all 
purposes  connected  with  the  use  and  occupancy  of  said 
house,  and  the  right  to  remove  the  said  salt  house  from 
said  premises  at  the  expiration  of  said  term  of  ten  (lo) 
years,  be  the  same  more  or  less,  but  subject  to  all  legal 
highways. 

Now  therefore,  ordained,  that  the  purchase  from 
James  Erskine  for  the  sum  of  Two  Hundred  and  Fifty 
Dollars  ($250.00)  of  the  above  recited  and  described 
premises  as  a site  for  the  Electric  Works  of  said  Village, 
be  and  the  same  is  hereby  authorized  and  approved,  and 
that  said  Board  of  Trustees  be  and  are  authorized  to 
take  the  title  of  said  premises  to  themselves,  and  their 
successors  and  assigns  forever. 

(Passed  March  28th,  1900.  Bk.  i,  p.  178.) 

(Note.  — For  ordinance  authorizing  lease  of  the 
Mayor’s  Office  from  Board  of  Control,  see  Bk.  2,  p.  85). 

CHAPTER  X. 

ORDINANCES  APPROPRIATING  PROPERTY. 

Section  77.  Third  Street  Sewer  Oiitlet. — The  fol- 
lowing described  property,  to-wit : Situated  in  the  Vil- 
lage of  Eowellville,  County  of  Mahoning  and  State  of 
Ohio,  and  known  as  part  of  Out- Lot  Number  Four  (4) 
according  to  the  present  enumeration  of  out-lots  in  said 
Village  and  bounded  as  follows ; Beginning  at  a point 
on  the  South  side  of  Water  Street  five  (5)  feet  easterly 
from  the  intersection  of  the  Southerly  line  of  Water 
Street  with  the  center  line  of  Third  Street  produced  ; 
thence  in  a Southerly  direction  parallel  with  the  center 
line  of  Third  Street  produced  and  five  (5)  feet  distant 
easterly  therefrom  for  a distance  of  thirty-three  (33)  feet 
to  a point ; thence  westerly  parallel  with  the  South  line 
of  Water  Street  and  distant  thirty-three  (33)  feet  there- 
from for  a distance  of  ten  (10)  feet  to  a point ; thence 


90 

Nortlieily  parallel  with  the  center  line  of  Third  Street 
produced  and  distant  five  (5)  feet  westerly  therefrom  to 
the  South  line  of  Water  Street,  a distance  of  thirty- 
three  (33)  feet ; thence  Easterly  along  the  South  line 
of  Water  Street,  for  a distance  of  ten  (10)  feet  to  the 
place  of  beginning  and  containing  three  hundred  and 
thirty  (330)  square  feet  of  land,  is  appropriated  to  public 
use  for  the  purpose  of  opening,  constructing  and  main- 
taining an  extension  and  outlet  for  the  brick  storm  sewer 
upon  Third  Street  in  said 'Village,  which  brick  storm 
sewer  is  to  be  used  in  the  place  of  the  present  two  pipe 
storm  sewers  and  the  box  culvert  extensions  thereof  now 
located  and  used  upon  said  Third  Street.  Said  prem- 
ises above  described  and  said  storm  sewer  shown  by  the 
blue  print  hereto  annexed,  marked  “Exhibit  A”  and 
hereby  referred  to. 

Section  78.  Application  to  Court.  — The  solicitor 
and  legal  counsel  of  said  Village  is  authorized  and  directed 
to  apply  to  a court  of  competent  jurisdiction  to  have  a 
jury  impanelled  to  make  inquiry  into  and  ascertain  the 
compensation  to  be  paid  for  such  property. 

(Passed  March  20th,  1905.  Bk.  2,  p.  188.) 


CHAPTER  XL 

ORDINANCES  TO  ISSUE  BONDS. 

Section  79.  Electric  Works  Bonds. — The  bonds  ot 
said  Village  shall  be  issued  and  sold  in  the  sum  of  Eight 
Thousand  Dollars  ($8000.00),  for  the  purpose  of  erecting 
electric  light  works  in  said  Village,  for  supplying  said 
Village  and  the  inhabitants  thereof  with  light. 

Section  80.  Continued. — Said  bonds  shall  be  issued 
in  denominations  of  not  less  than  One  Hundred  Dollars 
($100.00);  shall  have  interest  coupons  attached;  shall 
bear  interest  at  the  rate  of  six  (6)  per  centum  per  annum, 
payable  semi-annually  on  the  first  day  of  April  and  Oc- 
tober, in  each  year;  the  principal  and  interest  shall  be 


91 


payable  at  the  First  National  Bank  of  Youngstown,  Ohio, 
and  the  principal  shall  be  payable  as  follows: 

Five  Hundred  Dollars  ($500.00)  on  Oct.  ist,  1901. 

1902. 


1903. 

1904. 

1905. 

1906. 

1907. 

1908. 

1909. 

1910. 

1911. 

1912. 

1913- 

1914. 

1915- 

1916. 


Section  81.  Contimied. — Said  bonds  shall  be  signed 
by  the  Mayor  under  the  seal  of  the  Village,  and  coun- 
tersigned by  the  Clerk,  and  shall  be  advertised,  issued 
and  sold,  in  the  manner  provided  by  law  for  the  issue 
and  sale  of  municipal  bonds. 


Section  82.  Contimied. — The  proceeds  of  said  bonds 
shall  be  placed  in  the  Village  Treasury  to  the  credit  of  a 
fund  to  be  known  as  the  Electric  Light  Works  Construc- 
tion Fund,  and  shall  be  used  for  the  purpose  of  erecting 
electric  light  works,  and  for  no  other  purpose  whatever. 

(Passed  Nov.  20th,  1899.  Bk.  i,  p.  150.) 


CHAPTER  XH. 

ORDINANCES  ESTABLISHING  STREET  GRADES. 
WATER  STREET. 

Section  83.  Center  Line. — The  grade  of  the  center 
line  of  Water  Street  from  the  West  line  of  Lot  No.  97  (Lot 
I,  Block  13)  to  Sixth  Street  is  established  at  elevation 
referred  to  the  base  of  levels.  North  Side,  as  follows: 

At  Station  No.  o on  West  line  of  Lot  No.  97  (Lot  No.  i, 


Block  13) 68.4 

At  Station  No.  6,  5 ft.  east  of  center  of  First  St 75.9 


92 

At  Station  No.  9,  at  center  of  Second  Street 78.3 

At  Station  No.  17 69.5 


At  Station  No.  21-40,  at  center  of  Sixth  Street 67.7 

B.  M.  No.  ii:  On  top  of  foundation  stone  at  S.-W.  corner  of 
house  at  N.-E.  corner  of  Water  St.  and  First  Street.  Ele- 
vation 77.495- 

B.  M.  No.  13:  Elevation  73.51  on  top  of  foundation  stone  at 
N.-W.  corner  of  brick  mill. 

Grade  from  Station  No.  o to  Station  No.  6 1.25-100% 

“ “ “ “ 6 “ “ “9 0.8-10% 

“ 9 “ “17 1.1-10% 

“ “ “ “ 17  “ “ “ 21-40 0.4-10% 

The  grade  at  the  center  line  shall  be  uniform  from  one 
to  another  of  the  grade  points,  and  in  the  order  enumer- 
ated. Stations  are  one  hundred  (100)  feet  apart,  and 
numbered  Eastward  from  Station  o,  which  is  opposite 
the  West  line  of  Eot  No.  97  (Lot  No.  i.  Block  13). 

Section  84.  Curb  and  Side  Lines. — The  grade  of  both 
side  lines  is  established  at  the  same  elevation  as  the  grade 
of  the  center  line,  and  the  grade  of  both  curb  lines  at  an 
elevation  of  two-tenths  (2-10)  of  a foot  lower  than  center 
line,  provided  the  grade  of  curb  and  side  lines  shall  con- 
form at  intersecting  streets  and  railroads  with  the  estab- 
lished grade  of  the  same,  and  provided  the  crown  of  said 
street  shall  be  eight-tenths  (8-10)  of  afoot,  and  the  height 
of  the  curb  six-tenths  (6-10)  of  a foot. 

(Passed  Oct.  21st,  1898.  Bk.  i,  p.  129.) 

Section  85.  Sidewalk.,  North  Side.,  Third  to  Sixth. — 
The  grade  of  sidewalk  line  on  the  North  side  of  Water 
Street  from  Third  Street  to  Sixth  Street  is  established  at 
elevation  referred  to  base  of  levels,  North  Side,  as  follows: 


At  Station  12-39 — (^4  h-  east  of  center  3rd  St 76.00 

“ “ 18 69.26 

“ 21-20 — (on  west  line  of  Sixth  Street) 68.49 


And  said  grade  shall  be  uniform  from  one  to  another  of 
the  grade  points,  and  in  the  order  enumerated.  Stations 
are  one  hundred  (100)  feet  apart,  and  are  numbered  east- 
ward from  Station  o,  which  is  at  the  center  of  McGill  St. 

Section  86.  Inside  Lme. — The  grade  of  the  inside 
line  is  established  at  elevation  one  and  one-fourth  (1%^) 


93 

inches  above  the  grade  of  the  outside  line  described  in 
preceding  section.  Provided,  the  grade  of  said  sidewalk 
line  shall  conform  at  intersecting  streets  and  railroads 
with  the  established  grades  of  the  same.  The  inside 
line  of  sidewalk  shall  be  placed  one  (i)  foot  from  the 
line  of  said  street. 

(Passed  July  21st,  1902.  Bk.  i,  p.  267.) 

LIBERTY  STREET. 

Section  87.  Center  Line. — The  grade  of  the  center 
line  of  Liberty  Street  from  the  Bast  line  of  Out-Lot  No. 
33  to  Sixth  Street  is  established  at  elevation  referred  to 
Village  base  of  levels,  North  Side,  as  follows: 


At  Station  o (on  the  east  line  of  Out-Lot  No.  33).  . . 79.4 

“ “ 0-68  79.4 

“ “ 3-18  82.4 

“ “ 5-68 81.0 

« 9-68 83.7 

“ “ 10-68 83.7 

“ “ 17-68 76.7 

“ “ 21-18 75.3 

‘‘  “ 21-58  (on  the  east  line  of  Sixth  St.) 75.3 


The  grade  ot  said  center  line  shall  be  uniform  from  one 
to  another  of  the  grade  points,  and  in  the  order  enumer- 
ated. Stations  are  one  hundred  (100)  feet  apart,  and  are 
numbered  Eastward  from  o,  which  is  at  the  intersection 
of  the  Bast  line  of  Out-Lot  No.  33  and  Liberty  Street. 

Section  88.  Curb  and  Side  Lines. — The  grade  of 
both  curb  lines  is  established  at  the  same  elevations  as 
the  grade  of  the  center  line,  and  the  grade  of  both  side 
lines  at  an  elevation  five-tenths  (5-10)  of  a foot  higher 
than  said  center  line,  provided,  grade  of  said  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grade  of  the  same  (etc.). 

(Passed  July  21st,  1902.  Bk.  i,  p.  249.) 

Section  89.  Sidewalk.,  North  Side.,  First  to  Fourth. — 
The  grade  of  the  sidewalk  line  on  the  North  side  of  Lib- 
erty Street  from  First  Street  to  Fourth  Street  is  estab- 
lished at  elevations  referred  to  the  basis  of  levels.  North 
Side,  as  follows: 


94 


At  Station  6-o8  (15  ft.  East  of  the  center  of  ist  St.).  . . 
“ “ 8-83  

“ “ 9-13 

“ “ 10-68  

“ “ 11-88 

“ “ 15-13  (01^  the  West  line  of  Fourth  St.) 


81.92 

84-33 

84-53 

83.70 

82.62 

81.18 


Said  grade  shall  be  uniform  from  one  to  another  of  the 
grade  points  and  in  order  enumerated.  Stations  are  one 
hundred  (100)  feet  apart, and  are  numbered  Eastward  from 
Station  o,  which  is  on  the  Easterly  line  of  Out-Eot  No.  33. 


Section  90.  Inside  —Inside  Line  of  said  side- 
walk is  established  at  an  elevation  one  and  three. 


fourths  (i^)  inches  above  the  grade  of  the  outside  line 
described  in  preceding  section,  provided,  the  grade  of 
said  sidewalk  line  shall  conform  at  intersecting  streets 
and  railroads  with  established  grades  of  the  same.  The 
inside  line  of  said  sidewalk  shall  be  placed  one  and  one- 
half  (ij4)  feet  from  the  line  of  said  street. 

(Passed  July  ist,  1902.  Bk.  i,  p.  269.) 


WOOD  STREET. 


Section  91.  Center  Line  McGill  Street  to  QuiesneC s. 
(For  change  of  grade  see  below.) 

The  grade  of  the  center  line  of  Wood  Street  from  Mc- 
Gill Street  to  Quiesner’s  Lane  is  established  at  elevations 
referred  to  base  of  levels.  North  Sif^e,  as  follows: 


At  Station  o (at  center  of  McGill  Street) 


“ 8 

“ II  

“ 12-54  (at  Quiesner’s  Lane) 


99.60 

96.00 

94.49 

102.00 

103.00 


The  grade  of  the  centerline  shall  be  unform  from  one  to 
another  of  the  grade  points,  and  in  the  order  enumerated. 
Stations  are  one  hundred  (100)  feet  apart,  and  numbered 
Westward  from  Station  o,  which  is  at  the  center  of  Mc- 
Gill Street. 

Spxtion  92.  Sidewalks. — The  grade  of  the  sidewalk 
on  the  North  side  shall  be  parallel  to,  and  one  (i)  foot 
higher  than  grade  of  center  line.  The  grade  of  sidewalk 
on  the  South  side,  shall  be  at  the  same  elevation  as  the 


95 

center  line,  as  described  in  preceding  section.  The  grade 
of  inside  lines  of  sidewalks  is  established  at  elevation 
one  and  one-fourth  {i}()  inches  above  the  grade  of  the 
outside  lines,  and  the  grade  of  curb  lines  shall  conform 
to  the  grades  of  center  line,  and  sidewalk  lines.  The 
inside  lines  of  sidewalks  shall  be  placed  one  (i)  foot  from 
the  side  lines  of  said  street. 

(Passed  July  2ist,  1902.  Bk.  i,  p.  255.) 

Section  93.  Change  of  Grade^  McGill  Street  to  1200 
feet  West, — The  grade  of  Wood  Street  from  center  of 
McGill  street  to  a point  twelve  hundred  (1200)  feet  west 
of  said  center  of  McGill  Street,  is  established  as  follows: 
Beginning  at  the  intersection  of  the  center  line  of  Wood 
Street  with  the  center  line  of  McGill  Street  at  an  eleva- 
tion of  ninety-eight  (98)  feet  above  the  established  base 
of  levels;  thence  along  the  center  line  of  said  Wood 
Street  on  a level  grade  for  a distance  of  twenty  (20)  feet 
to  an  elevation  of  ninety-eight  (98)  feet;  thence  descend- 
ing at  the  rate  ot  one  (i)  foot  in  one  hundred  (100)  feet, 
for  a distance  of  eighty  (80)  feet  to  an  elevation  of  ninety- 
seven  and  two-tenths  (97.2)  feet;  thence  descending  at 
the  rate  of  one  and  three-tenths  (1.3)  feet  in  each  one 
hundred  (100)  feet  for  a distance  of  two  hundred  (200) 
feet  to  an  elevation  of  ninety-four  and  six-tenths  (94.6) 
feet;  thence  ascending  at  the  rate  of  fourteen  hundredths 
(.14)  feet  in  each  one  hundred  feet  for  a distance  of  four 
hundred  and  thirty-two  (432)  feet  to  an  elevation  of 
ninety-five  and  two-tenths  (95.2)  feet;  thence  ascending 
at  the  rate  of  one  and  twenty-five  hundredths  (1.25)  feet 
in  each  one  hundred  (100)  feet  fora  distance  of  one  hun- 
dred and  twenty-eight  (128)  feet  to  an  elevation  of  ninety- 
six  and  eight-tenths  (96.8)  feet;  thence  ascending  at  the 
rate  of  two  and  eight-tenths  (2.8)  feet  in  each  one 
hundred  (100)  feet,  for  a distance  of  one  hundred 
(100)  feet,  to  an  elevation  of  ninety-nine  and  six- 
tenths  (99.6)  feet;  thence  ascending  at  the  rate  of  one 
and  eight-tenths  (1.8)  feet  each  one  hundred  (100)  feet 
for  a distance  of  one  hundred  (100)  feet  to  an  elevation 


g6 

of  one  hundred  and  one  and  four-tenths  (101.4)  feet; 
thence  ascending  at  the  rate  of  one  and  two-tenths  (1.2) 
feet  in  each  one  hundred  (100)  feet  for  a distance  of  one 
hundred  (100)  feet  to  an  elevation  of  one  hundred  and 
two  and  six-tenths  (102.6)  feet  to  Station  No.  twelve  (No. 
12),  which  is  said  point  in  the  center  line  of  Wood  Street, 
twelve  hundred  (1200)  feet  west  of  the  center  of  McGill  St. 

(Passed  Sept.  22nd,  1904.  Bk.  2,  p.  147.) 

Section  94.  Center  Line  McGill  to  Sixth. — (Change 
of  Grade,  see  next  Section.)  The  grade  of  the  center 
line  of  Wood  Street  from  McGill  Street  to  Sixth  Street 
is  established  at  elevations  referred  to  base  of  levels. 
North  Side,  as  follows: 


Station 

0 (at  center  of  McGill  Street) ...... 

3- 

-05  (“  “ 

‘‘  First  Street) 

...  93.50 

(( 

At  Station  4 (at 

center  of  Second  Street)  . . . 

. ..  95.00 

(( 

a (( 

6-10  ( “ 

((  ((  ((  ((  ^ 

(( 

a {( 

7 

. . . 107.60 

u 

({  C( 

II  “ 

. . . 100.00 

(C 

n a 

15-45  (“ 

“ “ Fifth  Street) 

. ..112.50 

(C 

ic  a 

17 

. . . 107.20 

(( 

a ({ 

18-50  ( “ 

“ “ Sixth  Street) 

. . . 1 10.00 

(( 

Grade  of  said  center  line  shall  be  uniform  from  one  to 
another  of  the  grade  points,  and  in  the  order  enumerated. 
Stations  are  one  hundred  (100)  feet  apart,  and  numbered 
Eastward  from  Station  o,  which  is  at  the  center  of  Mc- 
Gill Street. 

Section  95.  Curb  Lines  and  Side  Lmes. — The  grade 
of  both  curb  lines  is  established  at  the  same  elevations  as 
the  grade  of  the  center  line,  and  the  grade  of  both  side 
lines  at  an  elevation  five-tenths  (5-10)  of  a foot  higher 
than  center  line.  Provided,  the  grade  of  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grades  of  the  same  (etc.). 

(Passed  Sept,  ist,  1902.  Bk.  i,  p 279.) 

Section  96.  Change  of  Grade.^  McGill  to  First. — 
The  grade  of  Wood  Street  from  the  center  of  McGill 
Street  to  the  center  of  First  Street  is  established  as  fol- 
lows: Beginning  at  the  intersection  of  the  center  line  of 


97 


Wood  Street  with  the  center  line  of  McGill  Street  at  an 
elevation  of  ninety-eight  (98)  feet  above  the  established 
base  of  levels;  thence  along  the  said  center  line  of  Wood 
Street  on  a level  grade  for  a distance  of  twenty  (20)  feet 
to  an  elevation  of  ninety-eight  (98)  feet;  thence  descend- 
ing at  the  rate  of  one  and  eighty-nine  one-hnndredths 
(i  89-100)  feet  in  each  one  hundred  (100)  feet  for  a dis- 
tance of  two  hundred  and  sixty-two  (262)  feet  to  an  ele- 
vation of  ninety  three  (93)  feet;  thence  on  a level  grade 
for  a distance  of  twenty  (20)  feet  to  the  intersection  of 
said  center  line  of  Wood  Street  with  the  center  line  of  said 
First  Street  at  an  elevation  of  ninety-three  (93)  feet. 

(Passed  Sept.  22nd,  1904.  Bk.  2,  p.  150.) 

Section  97.  Sidewalk^  North  Side^  McGill  to  Third. 

• — The  grade  of  the  sidewalk  line  on  the  North  side  of 
Wood  Street  from  McGill  Street  to  Third  Street  is  estab- 
lished at  elevations  referred  to  the  Village  base  of  levels, 
Nortt  side,  as  follows: 


Station  o (At  center  of  McGill  Street) 
“ 2-88 


4 

“ 5-98 

“ 6-25 


“ 8-95  8-10  (on  W.  line  of  Third  St.) 


100.60 

94-5° 

94-50 

q6.oo 
108.88 
1 10.00 
1 10.00 
106.30 


Section  98.  Sidewalk^  South  Side^  McGill  to  Third. 
— The  grade  of  the  sidewalk  on  the  South  side  of  Wood 
Street  from  McGill  Street  to  Third  Street  is  established 
at  elevations  referred  to  base  of  levels.  North  side,  as 
follows: 


At  Station 
<<  (( 

((  (t 

((  (( 

0 (At  center  McGill  Street) 

^-85 

3-25  

4 

98.60 

92-5,? 

92-53 

it 

<< 

5-90 

104.56 

(( 

(( 

6-30 

104-56 

(( 

(( 

7-50 

<( 

(( 

8-95  9-10  

Section  99.  hiside  Lines.,  Etc. — The  inside  lines  ot 
said  sidewalks  are  established  at  elevations  one  and  one- 


fourth  (i}{)  inches  above  the  grade  of  the  outside  lines 


98 

as  above  described,  provided,  the  grade  of  said  sidewalk 
lines  shall  conform  at  intersecting  streets  and  railroads 
with  the  established  grades  of  the  same. 

The  grades  of  said  sidewalks  shall  be  uniform  from 
one  to  another  of  the  grade  points,  and  in  the  order  enu- 
merated. Stations  are  one  hundred  (roo)  feet  apart,  and 
numbered  Eastward  from  Station  o,  which  is  at  the  center 
of  McGill  Street.  The  inside  lines  of  said  sidewalk  shall 
be  placed  one  (i)  foot  from  the  line  of  the  street. 

(Passed  July  2 ist,  1902.  Bk.  i,  p.  271  and  p.  273.) 

GRANT  STREET. 

Section  ioo.  Center  Line ^ Etc. — The  grade  of  Grant 
Street  from  the  East  line  of  Nessle  Street  to  the  Center 
line  of  Second  Street  is  established  as  follows:  Beo:in- 

^ O 

ning  at  the  intersection  of  the  center  line  of  said  Grant 
Street  with  the  said  East  line  of  Nessle  Street  at  an  ele- 
vation of  one  hundred  and  twenty-five  and  six-tenths 
(125.6)  feet  above  the  established  base  of  levels;  thence 
along  said  center  line  of  Grant  Street  ascending  at  the 
rate  of  six  and  four-tenths  (6.4)  feet  in  each  one  hundred 
(100)  feet  for  a distance  of  fifty  (50)  feet  to  an  elevation 
of  one  hundred  and  twenty-eight  and  eight  tenths  (128.8) 
feet;  thence  ascending  at  the  rate  of  four  (4)  feet  In  each 
one  hundred  (100)  feet  for  a distance  of  fifty  (50)  feet  to 
an  elevation  of  one  hundred  and  thirty  and  eight-tenths 
(130.8)  feet;  thence  ascending  at  the  rate  of  one  and  six- 
tenths  (1.6)  feet  in  each  one  hundred  (100)  feet  for  a dis- 
tance of  one  hundred  (100)  feet  to  an  elevation  of  one 
hundred  and  thirty-two  and  four-tenths  (132.4)  feet; 
thence  ascending  at  the  rate  of  ninety-seven  hundredths 
(97-100)  of  a foot  in  each  one  hundred  (100)  feet  for  a 
distance  of  one  hundred  and  five  (105)  feet  to  an  eleva. 
tion  of  one  hundred  and  thirty-three  and  six-tenths  (i  33.6) 
feet  at  the  intersection  of  said  center  line  of  Grant  Street 
with  the  East  line  of  First  Street;  thence  ascending  at 
the  rate  of  two  (2)  feet  in  each  one  hundred  (100)  feet  for 
a distance  of  one  hundred  and  forty-five  (145)  feet  to  an 


99 

elevation  of  one  hundred  and  thirty-six  and  five-tenths 
(136.5)  feet;  thence  ascending  at  the  rate  of  two  and 
forty-six  hundredths  (2.46)  feet  in  each  one  hundred  (100) 
feet  for  a distance  of  one  hundred  and  forty-three  (143) 
feet  to  an  elevation  of  one  hundred  and  forty  (140)  feet 
at  the  intersection  of  the  said  center  line  of  Grant  Street 
with  the  said  center  line  of  Second  Street,  and  the  curb 
line  shall  be  on  the  same  level  with  the  said  center  line. 

(Passed  Nov.  7th,  1904.  Bk.  2,  p.  166.) 

MCGILL  STREKT. 


Section  ioi.  Center  Line. — The  grade  of  the  center 
line  of  McGill  Street  from  Water  to  Wood  Streets  is  es- 


tablished at  elevations  referred  to  the  Village  base  of 
levels,  North  side  as  follows: 

At  Station  o (center  of  Water  Street) 72.0 

“ “ 0.30  72.0 

“ “ 1.50  80.6 

“ “ 2.15.75 80.6 

“ “ 3.20.75  (center  of  Liberty) 81.9 

“ “ 5 90.9 

“ “ 6.36.5  (center  Wood  Street) ioo-5 


The  grade  line  shall  be  uniform  from  one  to  another  of 
the  grade  points,  and  in  order  enumerated.  Stations 
are  one  hundred  (100)  feet  apart,  and  are  numbered  north- 
ward from  Station  o,  which  is  at  the  intersecting  center 
lines  of  McGill  and  Water  Streets. 


Section  102.  Curb  and  Side  Lines.-^\\Q.  grade  of  both 
curb  lines  is  established  at  the  same  elevations  as  the 
center  line,  and  the  grade  of  both  side  lines  at  eleva- 
tions five-tenths  (5-10)  of  a foot  higher  than  said  center 
line,  provided  the  grade  of  curb  and  side  lines  shall  con- 
form at  intersecting  streets  and  railroads  with  the  estab- 
lished grade  of  the  same,  (etc.) 

(Passed  July  21st,  1902.  Bk.  i,  p.  247.) 

NESSLE  STREET. 

Section  103.  Center  Lhte.,  Wood  to  Grant. — The 
grade  of  the  center  line  of  Nessle  Street  from  Wood 
Street  to  Grant  Street  is  established  at  elevations  referred 
to  the  Village  base  of  levels.  North  side,  to-wit: 


lOO 


At  Station  o (20  ft.  N.  of  center  Wood  St.) 100.60 

“ “ 1.50  III. 10 

‘‘  “ 2.65 122.90 


The  grade  of  center  line  shall  be  uniform  from  one 
to  another  of  the  grade  points,  and  in  order  enumer- 
ated. Stations  are  one  hundred  (100)  feet  apart,  and 
numbered  Northward  from  Station  o,  which  is  twenty 
(20)  feet  North  of  the  center  of  Wood  Street. 

Section  104.  Curb  and  Side  Lmes, — The  grade 
of  both  curb  lines  is  established  at  the  same  elevations  as 
the  center  line,  and  the  grade  of  both  side 
lines  at  an  elevation  five-tenths  (5-10)  of  a foot  higher 
than  said  center  line.  Provided,  the  grade  of  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grades  of  the  same,  (etc.) 

(Passed  July  21st,  1902.  Bk.  i,  p 241.) 

Section  105.  Sidewalk^  EastSide^  Wood  to  Grant. — 
The  grade  of  the  sidewalk  line  on  the  Bast  side  of  Nessle 
Street  from  Wood  Street  to  Grant  Street  is  established  at 
elevations  referred  to  base  of  levels,North  Side,  as  follows: 

At  Station  o (20  ft.  N.  of  the  center  of  Wood  St.) . . . 100.28 

“ T.50 I II. 10 

“ 2.65 124.90 

Grade  of  said  sidewalk  shall  be  uniform  from  one  to 
another  of  the  grade  points,  and  in  the  order  enumerated. 
Stations  are  one  hundred  (100)  feet  apart,  and  numbered 
Northward  from  Station  o,  which  is  twenty  (20)  feet 
North  of  the  center  of  Wood  Street. 

Section  106.  Inside  Line. — The  grade  of  the  inside 
line  of  said  sidewalk  is  established  at  an  elevation  one 
and  a fourth  (i^)  inches  above  the  grade  of  the  outside 
line  described  in  preceding  section,  provided,  the  grade 
of  said  sidewalk  line  shall  conform  at  intersecting  streets 
and  railroads  with  the  established  grades  of  same. 
The  inside  line  of  sidewalk  shall  be  placed  one  (i)  foot 
from  the  line  of  the  street. 

(Passed  July  21st,  1902.  Bk.  i,  p.  273.) 


lOI 


FIRST  STREET. 

Section  107.  Center  Line^  Water  to  Wood. — The 
grade  of  the  center  line  of  First  Street  from  Water  Street 
to  Wood  Street  is  established  at  elevations  referred  to  base 
of  levels,  North  Side,  as  follows: 


At  Station 

0 (at  center  of  Water  Street) 

. . . 75.8  feet 

(( 

0.30 

...  75-8 

n 

({ 

I--50 

...  79  4 

a 

(( 

2-10.75  

...  80.1 

ii 

(( 

3-20.75  (at  center  of  Liberty  St.) . . . . 

...  81.2 

(( 

a 

6-61.5  (on  N.  line  of  Wood  St.)  . . . . 

...  94.5 

The  grade  of  the  centerline  shall  be  unform  from  one  to 
another  of  the  grade  points,  and  in  the  order  enumerated. 
Stations  are  one  hundred  (100)  feet  apart,  and  numbered 
Northward  from  Station  o,  which  is  at  the  intersection 
of  the  center  lines  of  Water  and  First  Streets. 

Section  108.  Curb  and  Side  Lhies. — The  grade  of 
both  curb  lines  is  established  at  the  same  elevations  as 
the  center  line,  and  the  grade  of  both  side  lines 
at  an  elevation  five-tenths  (5-10)  of  a foot  higher 
than  said  center  line,  provided,  grade  of  said  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grades  of  the  same,  (etc.) 

(Passed  July  21st,  1902.  Bk.  i,  p.  245.) 

Section  109.  Sidewalk.,  West  Side.,  Railroad  to  Wood. 
The  grade  of  the  sidewalk  on  the  West  side  of  First 
Street  is  established  at  elevation  referred  to  base  of  levels. 


North  Side,  as  follows: 

At  Station  2-15-29-100  (center  P.  & W.  Ry.) 79-95 

“ 3-02-75-100 81.00 

“ 3-39-25-100 81.92 

“ 6-11-5-10  (South  line  of  W.  Street) 92.53 


The  grade  of  said  sidewalk  line  shall  be  uniform  from  one 
to  another  of  the  grade  points,  and  in  the  order  enumer- 
ated. Stations  are  one  hundred  (100)  feet  apart,  and  are 
numbered  Northward  from  Station  o,  which  is  at  the 
center  of  Water  Street. 

Section  ho.  htside  Line. — The  grade  of  the  inside 
line  is  established  at  an  elevation  of  one  and  one- 


102 


fourth  (i}^)  inches  above  the  grade  of  the  outside  line 
described  in  preceding  section,  provided,  the  grade  of 
said  sidewalk  line  shall  conform  at  intersecting  streets 
and  railroads  with  established  grades  of  the  same.  The 
inside  line  of  said  sidewalk  shall  be  one  (i)  foot  from  the 
line  of  said  street. 

(Passed  July  2ist,  1902.  Bk.  i,  p.  277.) 

SECOND  STREET. 

Section  III.  Center  Line ^ Water  to  Grant. — The 
grade  of  the  center  line  of  Second  Street  from  Water 
Street  to  Grant  Street  is  established  at  elevations  re- 
ferred to  the  base  of  levels,  North  Side,  as  follows: 


At  Station  0 (center  of  Water  Street)  

78.3 

(( 

(( 

1-57 

78.9 

ii 

2-15-5 

79-4 

u 

(( 

3-20-75  (center  Liberty  Street) 

83.2 

(( 

(( 

6-36-5  (center  Wood  Street) 

(( 

K 

9-44  (center  Grant  Street) 

140.7 

The  grade  of  the  center  line  shall  be  uniform  from  one 
to  another  of  the  grade  points  and  in  the  order  enumer- 
ated. Stations  are  one  hundred  (100)  feet  apart,  and 
numbered  Northward  from  Station  o,  which  is  at  the  in- 
tersection of  the  center  lines  of  Second  and  Water  Sts. 

Section  112.  Curb  and  Side  Lines. — The  grade  of 
both  curb  lines  is  established  at  the  same  elevations  as 
the  center  line,  and  the  grade  of  both  side  lines  at  an 
elevation  of  five-tenths  (5-10)  of  a foot  higher  than  the 
center  line.  Provided,  the  grade  of  curb  and  side  lines 
shall  conform  at  intersecting  streets  and  railroads  with 
the  established  grades  of  the  same,  (etc.) 

(Passed  July  21st,  1902.  Bk.  i,  p.  253.) 

THIRD  STREET. 

Section  113.  Center  Line.,  Water  to  Wood. — The 
grade  of  the  center  line  of  Third  Street  from  Water 
Street  to  Wood  Street  is  established  at  elevations  re- 
ferred to  base  of  levels,  North  Side,  as  follows: 


103 


At  Station 

0 (at  center  of  Water  St.) 

74-8 

<( 

<< 

0-30 

74-8 

n 

(( 

1-50 

78.7 

n 

n 

2-15  : 

n 

(< 

3-20-75  (at  center  of  Liberty  St.)  

82.3 

a 

(1 

4 

85.0 

(( 

(( 

6-36-5  (at  center  of  Wood  Street) 

103-3 

The  grade  of  the  center  line  shall  be  uniform  from  one 
to  another  of  the  grade  points,  and  in  the  order  enumer- 
ated. Stations  are  one  hundred  (lOo)  feet  apart,  and  are 
numbered  Northward  from  Station  o,  which  is  at  the  in- 
tersection of  center  lines  of  Third  and  Water  Streets. 

Section  114.  Curb  and  Side  Line, — The  grade  of 
both  curb  lines  is  established  at  the  same  elevation  as  the 
grade  of  the  center  line.  The  grade  of  both  side  lines 
at  an  elevation  five-tenths  (5-10)  of  a foot  higher  than 
said  center  line.  Provided,  the  grade  of  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grades  of  the  same,  (etc.) 

(Passed  July  21st,  1902.  Bk.  i,  p.  265.) 

FOURTH  STREET. 


Section  115.  Center  Line, — The  grade  of  the  center 


line  of  Fourth  Street  from  Water  Street  to  Wood  Street 
is  established  at  elevations  referred  to  base  of  levels. 
North  Side,  as  follows: 

At  Station  o (at  center  of  Water  Street) 71.3 


“ 1-50 76.7 

“ 3-20-75  (at  center  Liberty) 79.1 

“ 4-78-54 87.1 

“ 6-36-6  (at  center  Wood  Street) i03-9 


The  grade  of  the  center  line  shall  be  uniform  from  one 
to  another  of  the  grade  points,  and  in  the  order  enumer- 
ated. Stations  are  one  hundred  (100)  feet  apart,  and  are 
numbered  Northward  from  Station  o,  which  is  at  the  in- 
tersection of  the  center  lines  of  Fourth  and  Water  Streets. 


Section  116.  Curb  and  Side  Lines, — The  grade  of 
both  curb  lines  is  established  at  the  same  elevations  as 
the  grade  of  the  center  line.  The  grade  of  both  side 
lines  at  an  elevation  five-tenths  (5-10)  of  a foot  higher 


104 

than  the  center  line.  Provided,  grade  of  said  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grades  of  same,  (etc.) 

(Passed  July  21st,  1902.  Bk.  i,  p.  261.) 


FIFTH  STREET. 


Section  117.  Center  Line. — The  grade  of  the  center 
line  of  Fifth  Street  from  Water  Street  to  Wood  Street  is 
established  at  elevations  referred  to  the  basis  of  levels. 
North  side,  as  follows: 


At  Station  o (Center  of  Water  St.).  . . . 

“ “ 0.30 

“ “ 1-50 

u u 2 

“ 3-20  75  (Center  of  Liberty  St. 

“ 4 

‘‘  “ 6-36-5  (Center  of  Wood  St.) 


68.9 

68.9 
75-6 

76.9 
76.4 
78.6 

111.5 


The  grade  of  center  line  shall  be  uniform  from  one  to 
another  of  the  grade  points,  and  in  the  order  enumerated. 
Stations  are  one  hundred  (100)  feet  apart,  and  numbered 
Northward  from  Station  o,  which  is  at  the  intersection 
of  the  centers  of  Fifth  and  Water  Streets. 


Section  118.  Curb  and  Side  Lines. — The  grade  of 
both  curb  lines  is  established  at  the  same  elevations  as 
the  center  line,  and  the  grade  of  both  side  lines  at  eleva- 
tions five-tenths  (5-10)  of  a foot  higher  than  center  line. 
Provided,  the  grade  of  curb  and  side  lines  shall  conform 
at  intersecting  streets  and  railroads  with  the  established 
grade  of  the  same,  (etc.) 

(Passed  July  21st,  1902.  Bk.  i,  p.  259.) 

SIXTH  STREET. 


Section  119.  Center  Line. — The  grade  of  the  center 
line  of  Sixth  Street  is  established  at  elevations  referred 
to  the  base  of  levels.  North  side,  as  follows: 


At  Station 

0 (Center  of  Water  Street) 

67.7 

(( 

(( 

0.30 

67.7 

(( 

(( 

1-50 

74-9 

n 

t( 

75-8 

(( 

(( 

3-20-75  (Center  of  Liberty  St.) 

75-3 

t( 

It 

4-78-6  

81.2 

({ 

it 

6-36-5  (Center  Wood  Street) 

105 

The  grade  of  the  ceuter  line  shall  be  uniform  from  one 
to  another  of  the  grade  points,  and  in  order  enumer- 
ated. Stations  are  one  hundred  (lOo)  feet  apart,  and  are 
numbered  Northward  from  Station  o,  which  is  at  the 
intersection  of  the  center  lines  of  Sixth  and  Water  Streets. 

Section  120.  Curb  and  Side  Lines. — The  grade 
of  both  curb  lines  is  established  at  the  same  elevations  as 
the  center  line,  and  the  grade  of  both  side 
lines  at  elevations  five-tenths  (5-10)  of  a foot  higher 
than  center  line.  Provided,  that  grade  of  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  estaVdished  grades  of  the  same,  (etc.) 

(Passed  July  21st,  1902.  Bk.  i,  p 257.) 

RAILROAD  STREET. 

Section  121.  Street  Grade. — The  grade  of  the  center 
line  of  Railroad  Street  is  established  as  follows:  Begin- 
ning at  the  point  of  intersection  of  the  center  line  of  said 
street  with  the  easterly  line  of  lands  now  belonging  to 
the  Ohio  Iron  & Steel  Company  at  the  elevation  of  forty- 
two  and  nine-tenths  (42.9)  feet;  thence  ascending  east- 
wardly  on  a grade  of  nine-tenths  of  one  per  cent,  a dis- 
tance of  three  hundred  (300)  feet,  more  or  less,  to  a point 
having  an  elevation  of  forty-five  and  six-tenths  (45.6)  feet; 
thence  eastwardly  on  the  level  grade  a distance  of  one 
hundred  and  twenty  (120)  feet,  more  or  less,  to  the  center 
line  of  Washington  Street;  thence  descending  eastwardly 
on  a grade  of  nine-tenths  of  one  per  cent  a distance  of 
eight  hundred  and  eighty  (880)  feet  to  a point  having  an 
elevation  of  thirty-eight  and  fifty-eight  hundredths  (38.58) 
feet;  thence  descending  easterly  on  a grade  of  five-tenths 
of  one  per  cent  to  the  easterly  limits  of  the  Village.  The 
elevation  herein  mentioned  is  made  with  reference  to  the 
Village  datum  line,  and  the  grade  of  both  curb  lines 
of  said  street  is  established  at  an  elevation  of  four  (4) 
inches  below  the  grade  of  the  center  line  thereof. 

(Passed  Dec.  23rd,  1904.  Bk.  2,  p.  173.) 


io6 


JACKSON  STREET. 

Section  122.  Center  Line. — The  grade  of  the  center 
line  of  Jackson  Street  from  the  center  of  Washington 
Street  eastward  sixteen  hundred  (1600)  feet,  is  established 
at  elevations  referred  to  the  base  of  levels,  South  Sire,  as 
follows: 


At  Station  o (At  center  of  Washington  Street).  . . .66.00  feet 

“ 2-80  (At  center  line  of  Howard  St.) 67.68  “ 

5 69.00  ‘‘ 

‘‘  8-50  (At  center  of  Smith  Street)  66.97  ** 

“ “ 16-50 70.81 

The  grade  of  the  center  line  shall  be  unform  from  one  to 


another  of  the  grade  points,  and  in  the  order  enumerated. 
Stations  are  one  hundred  (100)  feet  apart,  and  numbered 
eastward  from  Station  o,  which  is  at  the  center  of 
Washington  Street. 

Section  123.  Curb  aitd  Side  Lines. — The  grade  of 
both  curb  lines  is  established  at  the  same  elevations  as 
the  center  line,  and  the  grade  of  both  side  lines 
at  elevations  five-tenths  (5-10)  of  a foot  higher 
than  the  center  line,  provided,  the  grade  of  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grades  of  the  same,  (etc.) 

(Passed  Sept,  ist,  1902.  Bk.  i,  p.  283.) 

Section  124.  Sidewalk.^  North  Side.,  Washington  St. 
Eastward. — The  grade  of  the  sidewalk  on  the  North  side 
of  Jackson  Street  from  Washington  Street  to  East  line  of 
Eot  No.  one  hundred  and  fifty-four  (154)  is  established  at 
elevations  referred  to  base  of  levels,South  Side,  as  follows: 


At  Station  o (center  of  Washington  St.) 66.00 

“ 5 68.00 

“ 8-50  66.97 

“ “ ii-ioj^  (East  line  of  Lot  No.  154) 68.20 


The  grade  of  said  sidewalk  line  shall  be  uniform  from  one  to 
another  of  the  grade  points,  and  it^  the  order  enumerated. 
Stations  are  one  hundred  (100)  feet  apart,  and  numbered 
Eastward  from  Station  o,  which  is  at  the  center  line 
of  Washington  Street. 

Section  125.  Inside  Line. — The  grade  of  the  inside 
line  of  said  sidewalk  is  established  at  an  elevation  one 


loy 


and  a fourth  {i%)  inches  above  the  grade  of  the  outside 
line  as  described  in  preceding  section.  Provided,  the  grade 
of  said  sidewalk  line  shall  properly  conform  at  intersect- 
ing streets  and  railroads  with  the  established  grades  of 
same.  The  inside  line  shall  be  placed  one  (i)  foot 
from  the  line  of  the  street. 

(Passed  July  2ist,  1902.  Bk.  i,  p.  243.) 


WASHINGTON  STREET. 


Section  126.  Center  Line,  Bridge  to  Railroad, — The 
grade  of  the  center  line  of  Washington  Street  from  the 
Southerly  end  of  the  Mahoning  River  bridge  to  the  center 
of  the  Pittsburg,  Youngstown  and  Ashtabula  Railroad  is 
established  at  elevation,  referred  to  the  base  of  levels. 
South  Side,  as  follows: 

At  Station  o (South  end  of  River  Bridge) 41.68 

“ “ 1-98  (Top  of  Rail  P.  Y.  & A.) 43-23 


The  grade  of  the  center  line  shall  be  uniform  from  one 
to  another  of  the  grade  points,  and  in  the  order  enumer- 
ated. Stations  are  one  hundred  (100)  feet  apart,  and 
are  numbered  Southward  from  Station  o,  which  is  at  the 
southern  end  of  the  Mahoning  River  Bridge- 

Section  127.  Czirb  and  Side  Lines. — The  grade  of 
both  curb  lines  is  established  at  the  same  elevations  as 


the  center  line,  and  the  grade  of  both  side  lines  at 
elevations  five-tenths  (5-10)  of  a foot  higher  than  the 
center  line.  Provided,  the  grade  of  curb  and  side  lines 
shall  conform  at  intersecting  streets  and  railroads  with 
the  established  grades  of  the  same. 

(Passed  Sept,  ist,  1902.  Bk.  i,  p.  281.) 

Section  128.  Center  Line,  Railroad  to  Jackson. — The 
grade  of  the  center  line  of  Washington  Street  from  The 
P.  Y.  & A.  R.  R.  to  Jackson  Street  is  established  at  eleva- 
tions referred  to  base  of  levels.  South  Side,  as  follows: 
At  Station  o (on  the  rail  of  the  P.  Y.  & A.  R.  R.) ....  43.25 

“ “ 0-50  47.66 

“ “ I 51.48 

“ “ 1-50  55-30 

“ 2 59-12 

“ “ 2-50  62.94 

“ “ 2-85  7-10  (N. line  of  Jackson  St.  on  crosswalk)  65.51 

“ “ 3-5  7-10  (Center  line  66.00 

Bench  Mark  No.  i.  Top  of  foundation  stone  at  Northwest 
corner  of  Eliab  Lomax’s  store.  Elevation  47.94. 


io8 


The  grade  of  said  street  from  Station  o 24  to  2-85  is 
7-64-100  feet  perhundred(ioo)and  the  grade  of  center  line 
shall  be  uniform  from  one  to  another  of  the  grade  points, 
and  in  the  order  enumerated.  Stations  are  one  hundred 
(100)  feet  apart,  and  are  numbered  South  from  Station  o, 
which  is  at  the  center  of  the  P.  Y.  & A.  R.  R.  Track. 

Section  129.  Curb  and  Side  Lmes. — The  grade  of 
both  curb  lines  is  established  at  the  same  elevations  as 
the  center  line,  and  the  grade  of  both  side  lines 
at  an  elevation  five-tenths  (5  10)  of  a foot  higher  than 
said  center  line.  Provided,  the  grade  of  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grade  of  the  same. 

(Passed  Sept.  2nd,  1895.  Bk.  i,  p.  106.) 

Section  130.  Sideivalk^East  Side^  Bridge  to  Jackson. 
— The  grade  of  the  sidewalk  on  the  East  side  of  Washing- 
ton Street  from  the  Southerly  end  of  the  bridge  over  the 
Mahoning  River  to  Jackson  Street  is  established  at  eleva- 
tions referred  to  base  of  levels.  South  Side,  as  follows: 

At  Station  o (South  end  of  Bridge  over  Mah.  River)  . . 41.68 


“ ''  2-10 43.38 

“ 4-85  (North  line  of  Jackson) 66.00 


The  grade  of  said  sidewalk  line  shall  be  uniform  from  one 
to  another  of  the  grade  points.  Stations  are  one  hundred 
(roo)  feet  apart,  and  are  numbered  Southerly  from  Sta- 
tion o,  which  is  at  the  southerly  end  of  bridge  over  the 
Mahoning  River. 

Section  131.  Inside  Line. — The  grade  of  the  inside 
line  of  sidewalk  is  established  at  an  elevation  one- 
fourth  {yj)  inch  above  the  grade  of  the  outside  line  as 
described  in  preceding  section.  Provided,  the  grade  of 
sidewalk  line  shall  conform  at  intersecting  streets  and 
railroads  with  the  established  grade  of  same.  The 
inside  line  shall  be  one  (i)  foot  from  the  line  of  the  street. 

(Passed  July  21st,  1902.  Bk.  i,  p.  251.) 

HOWARD  street. 

Section  132.  Center  Line, — The  grade  of  the  center 
line  of  Howard  Street  from  the  P.  Y.  & A.  R.  to  Straw- 


109 

berry  Alley  is  established  at  elevations  referred  to  base 
of  levels,  South  Side,  as  follows: 

At  Station  o (in  center  of  P.Y.  &A.  R.R.  Main  Track) . 40.30 

“ “ I 49.28 

“ 2 58.26 

« “ 3-05  7-10  (center  of  Jackson  St.  change  of  grade)  67.68 

“ 3-50  (change  of  grade) 72.46 

“ “ 4-50 94-57 

B.  M.  No.  3. — 66.60  on  S.  E.  corner  of  top  stone  step  at  East 
door  of  house  on  N.-W.  corner  of  Jackson  and  Howard  St. 

Station  o.  Elevation  of  top  rail. 

Grade  from  Station  o to  Sta.  3-05  7-10.  . . 8 98-100  per  100  ft. 

“ “ “ 3“C>5  7-10  3-50  II  12-100  “ “ 

“ 3“5o  4“-5<3  22  ii-ioo  “ “ 

The  center  line  shall  be  uniform  from  one  to  another  of 
the  grade  points,  and  in  the  order  enumerated.  Stations 
are  one  hundred  (100)  feet  apart,  and  numbered  South 
from  Station  o,  which  is  at  the  center  of  the  main  track 
of  the  P.Y.  & A.  R.  R. 


Section  133.  Curb  a7id  Side  Lines, — The  grade  of 
both  curb  lines  is  established  at  the  same  elevation  as 
the  center  line,  and  the  grade  of  both  side  lines  at  an  eleva- 
tion five-tenths  (5-10)  of  a foot  higher  than  center  line. 
Provided,  the  grade  of  curb  and  side  lines  shall  conform 
at  intersecting  streets  and  railroads  with  the  established 
grades  of  same. 

(Passed  Sept.  2nd,  1895.  Bk.  i,  p.  104.) 

MONROE  STREET. 


Section  134.  Center  Line. — The  grade  of  the  center 
line  of  Monroe  Street  from  the  P.  Y.  & A.  R.  R.  to  Straw- 
berry Alley  is  established  at  elevation  referred  to  base 
of  levels.  South  side,  as  follows: 

At  Station  o (in  center  of  P.Y.  & A.  R.R.  Main  Track)  ..  37.89 
“ 0-28  7-10  (on  south  line  of  Railroad  St.)  . . . .38.00 

I 46.01 

“ 2 57-13 

“ 3‘05  7'*o  (Center  of  Jackson  St.) 68.81 

“ 4 (change  of  grade) 79-93 

“ 4-50 89.41 

Bench  Mark  No.  6. — 44.36  on  top  of  stone  foundation  of  house 
on  S.  W.  corner  of  Railroad  and  Monroe  Street  on  N.  E. 
corner  of  stone. 


no 


Station  o. — Elevation  is  on  top  of  rail. 

Grade  from  0-28  7-10  to  4 ii  12-100  ft.  per  100  feet 

“ “ 4 4-50 1896-100  “ 

The  center  line  shall  be  uniform  from  one  to  another 
of  the  grade  points,  and  in  the  order  enumerated.  Sta- 
tions are  one  hundred  (100)  feet  apart,  and  are  numbered 
South  from  Station  o,  which  is  at  the  center  of  the  main 
track  of  the  Pittsburg,  Youngstown  and  Ashtabula 
Railroad. 


Section  135.  Curb  and  Side  Lines. — The  grade  of 
both  curb  lines  is  established  at  the  same  elevation  as 
the  grade  of  the  center  line,  and  the  grade  of  both  side 
lines  at  an  elevation  five-tenths  (5-10)  of  a foot  higher 
than  said  center  line.  Provided,  the  grade  of  curb  and 
side  lines  shall  conform  at  intersecting  streets  and  rail- 
roads with  the  established  grade  of  same. 

(Passed  Sept,  and,  1895.  Bk.  i,  p.  102.) 

SMITH  street. 


Section  136.  Center  Lme. — The  grade  of  the  center 
line  of  Smith  Street  from  the  P.  Y.  & A.  R.R.  to  Straw- 
berry Alley  is  established  at  elevations  referred  to  base 
of  levels.  South  side,  as  follows: 


At  Station  o 


34-94 


“ 0-287-10 35.95 

“ I 40.01 

“ 2 55-21 

“ 3-05  7-10 66.97 

“ 4 77-6i 

“ 4-50 87.72 

Bench  Mark  No.  4. — 73.23  on  N.  E.  corner  of  top  stone  step 
in  front  of  School  house. 


Bench  Mark  No.  6. — 44.36  on  top  of  stone  foundation  of  house 
on  S.  W.  corner  of  Railroad  and  Smith  Streets  on  N.  E. 
corner  of  stone. 

Grade  from  0-28  7-10  to  4 ii  20-100  ft.  per  100  feet 

“ “ 4 4-50 20  22  100  “ “ 

The  center  line  shall  be  uniform  from  one  to  another  of 
the  grade  points,  and  in  the  order  enumerated.  Stations 
are  one  hundred  (100)  feet  apart,  and  are  numbered  South 
from  Station  o,  which  is  placed  at  the  center  of  the  main 
track  of  The  Pittsburg,  Youngstown  & Ashtabula  Railroad. 


Ill 


Section  137.  Curb  and  Side  Lines.-Th&  grade  of  both 
curb  lines  is  established  at  the  same  elevation  as  the  grade 
of  the  center  line,  and  the  grade  of  both  side  lines  at  an 
elevation  of  five-tenths  (5-10)  of  a foot  higher  than  said 
center  line.  Provided  the  grade  of  said  curb  and  side 
lines  shall  conform  at  intersecting  streets  and  railroads 
with  the  established  grades  of  the  same. 

(Passed  April  15th,  1895.  Bk.  i,  p.  97.) 


CHAPTER  XIII. 

RESOLUTIONS  TO  CONSTRUCT  SIDEWALKS. 

Section  138.  A natural  stone  or  artificial  stone  side- 
walk shall  be  constructed  : 

On  the  North  side  of  Water  Street  from  Third  Street 
to  Sixth  Street : 

On  the  North  side  of  Water  Street  from  the  East  line 
of  lot  No.  9 to  First  Street : 

On  the  North  side  of  Liberty  Street  from  First  Street 
to  Fourth  Street — Except  in  front  of  lots  No.  67  and  No. 
68,  where  sidewalk  is  already  constructed  : 

On  the  North  side  of  Wood  Street  from  Third  to 
Quiesner’s  Lane  : 

On  the  South  side  of  Wood  Street  from  Third  Street 
to  McGill  Street : 

On  the  East  side  of  Nessle  Street  from  Wood  Street 
to  Grant  Street : 

On  the  West  side  of  First  Street  from  The  Pittsburg 
and  Western  Railway  to  Wood  Street : 

On  both  sides  of  Second  Street  from  Water  Street  to 
Wood  Street : 

On  the  West  side  of  Third  Street  from  Water  Street 
to  Wood  Street : 

On  the  West  side  of  Fourth  Street  from  Liberty  Street 
to  Wood  Street : 

On  the  East  side  of  Washington  Street  from  the  South- 
erly end  of  the  bridge  on  the  Mahoning  River  to  Jackson 
Street,  and  on  the  North  side  of  Jackson  Street  from 
Washington  Street  to  East  line  of  lot  No.  154. 

Said  sidewalks  shall  be  constructed  upon  the  grade 
established  by  Council  and  in  accordance  with  the  plans 


II2 


and  specifications  therefor  adopted  by  the  Council  and 
on  file  with  the  Village  Clerk. 

(Adopted  July  2ist,  1902.  Bk.  i,  p.  286.) 

Section  139.  Sidewalks  of  stone  or  cement  and  five 
{5)  feet  in  width,  shall  be  constructed  as  follows : 

On  the  West  side  of  First  Street  from  the  North  side 
of  the  tracks  of  the  Pittsburg,  Cleveland  and  Toledo  Rail- 
road Company  to  the  South  line  of  Liberty  Street. 

On  both  sides  of  Second  Street  from  the  North  side  of 
the  tracks  of  the  Pittsburg,  Cleveland  and  Toledo  Rail- 
road Company  to  the  South  line  of  Liberty  Street. 

On  both  sides  of  Third  Street  from  the  North  side  of 
the  tracks  of  the  Pittsburg,  Cleveland  and  Toledo  Rail- 
road Company  to  the  South  line  of  Liberty  Street. 

In  accordance  with  the  general  plans  and  specifica- 
tions for  sidewalks  now  on  file  in  the  office  of  the  Clerk 
of  said  Village. 

(Adopted  April  3rd,  1905.  Bk.  2,  p.  194.) 

(Adopted  May  ist,  1905.  Bk.  2,  p.  195.) 

Section  140.  P.  C.  & T.  Sidewalks  Approved, — Cer- 
tain sidewalks  to-wit : 

On  the  West  side  of  First  Street,  from  the  North  side 
of  the  tracks  of  The  Pittsburg,  Cleveland  and  Toledo 
Railroad  Company  to  the  South  line  of  Liberty  Street. 

On  both  sides  of  Second  Street  from  the  North  side 
of  the  tracks  of  The  Pittsburg,  Cleveland  and  Toledo 
Railroad  Company  to  the  South  line  of  Liberty  Street. 

On  both  sides  of  Third  Street  from  the  North  side  of 
the  tracks  of  The  Pittsburg,  Cleveland  and  Toledo  Rail- 
road Company  to  the  South  line  of  Liberty  Street. 

Constructed  by  The  Pittsburg,  Cleveland  and  Toledo 
Railroad  Company  under  a resolution  adopted  by  the 
Council  on  the  3rd  day  of  April,  1905,  are  approved. 

(Adopted  June  19th,  1905.  Bk.  2,  p.  197-) 

Section  141.  Certain  sidewalks  shall  be  constructed 
as  follows : 

On  the  North  side  of  Water  Street  from  the  West  line 
of  lot  No.  97  to  the  East  line  of  lot  No.  2. 


On  the  North  side  of  Water  Street  from  the  East  line 
of  First  Street  to  the  East  line  of  lot  number  nine  (No. 9). 

On  the  North  side  of  Water  Street  from  the  East  line  of 
Fifth  Street  to  the  East  line  of  lot  number  forty-two  (42). 

On  the  North  side  of  Water  Street  from  the  West  line  of 
lot  number  forty-four  (44)  to  the  West  line  of  Sixth  Street. 

On  the  North  side  of  Liberty  Street.from  the  East  line 
of  McGill  Street  to  the  West  line  of  First  Street. 

On  the  North  side  of  Liberty  Street  from  the  East  end 
of  the  sidewalk  already  constructed  in  front  of  lot  number 
seventy-three  (73)  to  the  West  line  of  Fourth  Street. 

On  the  South  side  of  Wood  Street  from  the  East  line  of 
First  Street  to  the  East  line  of  lot  number  sixty-one  (61). 

On  the  North  side  of  Wood  Street  from  the  East  line  of 
First  Street  to  the  East  line  of  lot  number  one  hundred 
and  six  (106). 

On  the  North  side  of  Wood  Street  from  the  East  line 
of  Out-lot  number  thirty-one  (31)  to  the  West  line  of  said 
Out-lot  number  thirty-one  (31). 

On  the  South  side  of  Grant  Street  from  Nessle  Street 
to  Second  Street. 

On  the  North  side  of  Grant  Street  from  Nessle  Street 
to  Second  Street. 

On  the  West  side  of  McGill  Street  from  Liberty  Street 
to  Wood  Street. 

On  the  East  side  of  Nessle  Street  fiom  Walnut  Street 
to  the  South  line  of  lot  number  one  hundred  and  twenty- 
two  (122). 

On  the  East  side  of  First  Street  from  Water  Street  to 
the  South  line  of  The  Pittsburg  and  Lake  Erie  Railroad 
right  of  way. 

On  the  West  side  of  First  Street  from  Liberty  Street 
to  the  North  line  of  lot  number  fifty-two  (52). 

On  the  West  side  of  Second  Street  from  Water  Street 
to  the  South  line  of  The  Pittsburg  and  Lake  Erie  Rail- 
road right  of  way. 

On  the  East  side  of  Second  Street  from  Water  Street 
to  the  South  line  of  The  Pittsburg  and  Lake  Erie  Rail- 
road right  of  way. 

On  the  West  side  of  Second  Street  from  Wood  Street 
to  Grant  Street. 


II4 

On  the  East  side  of  Second  Street  from  Wood  Street 
to  Grant  Street. 

On  the  East  side  of  Washington  Street  from  the  Ma- 
honing River  Bridge  to  The  Pittsburg,  Youngstown  and 
Ashtabula  Railroad. 

On  the  West  side  of  Washington  Street  from  the  Ma- 
honing River  Bridge  to  The  Pittsburg,  Youngstown  and 
Ashtabula  Railroad. 

On  the  East  side  of  Washington  Street  from  the  South 
end  of  the  sidewalk  already  constructed  in  front  of  Eo- 
max’s  store  to  the  North  end  of  the  sidewalk  already 
constructed  in  front  of  Zovatsy’s  saloon. 

On  the  West  side  of  Washington  Street  from  Railroad 
Street  to  Franklin  Alley. 

On  the  North  side  of  Jackson  Street  from  Washington 
Street  to  the  East  line  of  lot  number  one  hundred  and 
fifty- four  (154). 

Said  sidewalks  shall  be  constructed  in  accordance  with 
the  grades,  plans  and  specifications  for  sidewalks  adopt- 
ed and  ordained  by  Council  and  on  file  in  the  office  of 
the  Clerk  of  the  said  Village. 

Adopted  May  21st,  1906.  Bk.  2,  p.  228.) 

Section  142.  Certain  sidewalks  shall  be  constructed 
on  Wood  Street  as  follows  : 

On  the  south  side  of  said  Wood  Street  from  the  west 
end  of  present  sidewalk  in  front  of  out-lot  No.  32  owned 
by  Martha  L.  Dickson  to  the  east  line  of  lot  No.  i of  M. 
E.  McGill  Dickson’s  plat. 

On  the  south  side  of  said  Wood  Street  from  the  west 
line  of  said  lot  No.  i of  M.  E.  McGill  Dickson’s  plat 
to  the  east  end  of  the  present  sidewalk  in  front  of  part  of 
out-lot  No.  33  owned  by  Elenor  King. 

On  the  south  side  of  said  Wood  Street  from  the  west 
end  of  the  present  sidewalk  in  front  of  part  of  out-lot  No. 
34  owned  by  J.  N.  Cowden  to  the  east  line  of  that  part 
of  out-lot  No.  35  now  owned  by  John  Johnson. 

On  the  south  side  of  said  Wood  Street  from  the  west 
line  of  that  part  of  out-lot  No.  35  now  owned  by  John 
Johnson  to  the  east  line  of  lands  of  Blanche  C.  and  Dayse 
M.  Parsons. 


II5 

On  the  north  side  of  said  Wood  Street  in  front  of  lot 
No.  I of  H.  C.  Mullin’s  plat  to-wit:  from  the  west  line 
of  ont-lot  No.  31  to  the  east  line  of  Quiesner’s  plat. 

On  the  north  side  of  said  Wood  Street  from  Third 
Street  to  Fourth  Street. 

Said  sidewalks  shall  be  constructed  in  accordance  with 
the  grades,  plans  and  specifications  for  sidewalks  adopted 
and  ordained  by  Council  and  on  file  in  the  office  of  the 
Clerk  of  the  said  Village. 

(Adopted  Aug.  6th,  1906.  Bk.  2,  p.  258.) 

Section  143.  Certain  sidewalks  shall  be  constructed 
as  follows : 

On  the  north  side  of  Wood  Street  from  Quiesner’s 
Tane  to  the  Youngstown  and  Lowell ville  Road  on  the 
west  boundary  line  of  said  Village. 

Said  sidewalks  shall  be  constructed  in  accordance  with 
the  grades,  plans  and  specifications  for  sidewalks  adopt- 
ed by  Council  and  on  file  in  the  office  of  the  Clerk  of 
aid  Village. 

(Adopted  Aug.  20th,  1906.  Bk.  2,  p.  260.) 

Section  144.  Certain  sidewalks  shall  be  constructed 
as  follows : 

On  the  south  side  of  Liberty  Street  from  Second 
Street  to  Third  Street. 

On  the  south  side  of  Wood  Street  from  Third  Street 
to  the  easterly  line  of  lot  number  seventy-eight  (78). 

Said  sidewalks  shall  be  constructed  in  accordance  with 
the  grades,  plans  and  specifications  for  sidewalks  adopt- 
ed and  ordained  by  Council  and  on  file  in  the  office  of 
the  Clerk  of  said  Village. 

(Adopted  Aug.  20th,  1906.  Bk.  2,  p.  262.) 


COMPILED  ORDINANCES 


INDEX 

A.  SECTIONS 

American  Telephone  and  Telegraph  Co.  . . 56-  57 

(See  Ohio  Telephone  and  Telegraph  Co.) 

B 

Baltimore  and  Ohio  R.  R. 

(See  also  P.  C.  & T.  R.  R.  and  P.  & W.  R.  R.) 

Righting  Railroad 25-  26 

Bonds  outstanding 79-  82 

(See  Electric  Works.) 

C 

Central  Union  Telephone  Co.,  Franchise  . . 58-  59 

Cooper,  E.  T.  & Co.,  Pipe  line  rights  ...  70  note 

Cunningham,  Jesse,  Telephone  rights  . . . 66-  67 

Electric  Works  : Railroad  Switch  . . . . 65 

Site,  west  Rot  No.  33 76 

Bond  issue 79-  82 

F 

Fifth  Street : Street  grade 117-118 

First  Street:  Street  and  Sidewalk  grades  • 107-110 

Sidewalks  ordered 138,  139,  141 

Fourth  Street : Electric  Works  Switch  . . 65 

Street  grade 115-116 

Sidewalks  ordered 138 

G 

Grant  Street : Street  grade 100 

Sidewalks  ordered 141 

M 

Howard  Street : Partly  vacated 36-  37 

Coal  Co.,  rights  in 68-  70 

Street  grade 13 2-1 33 

J 

Jackson  Street : Street  and  Sidewalk  grades,  122-125 

Sidewalks  ordered 138,  141 


TI7 

L SECTIONS 

Liberty  Street : ' Street  and  Sidewalk  grades,  87-  90 

Sidewalks  ordered 138,  141,  144 

Lowry,  Margaret  N.,  Plat  approved  ....  71 

M 

Mahoning  Valley  Ry.: 

Street  Railway  Franchise 38-  55 

Mayor’s  Office,  Lease  of 76  note 

McBride,  Frank  A.,  Plat  approved  ....  75 

McGill  Street : Street  grades 101-102 

Sidewalks  ordered 141 

Monroe  Street : Street  grade 134-135 

Mullen,  Henry,  Plat  approved 74 

W 

Nessle  Street : Street  and  Sidewalk  grade  . 103-106 

Sidewalks  ordered 138,  141 

Nessle’s  Second  Addition,  Plat  approved  . . ^73 

O 

Ohio  Telephone  & Telegraph  Co.  Franchise,  56-  57 

Old  Street  Vacated 32-  33 

end  Bridge  Street  Vacated 34-  35 

P 

Pennsylvania  Co. : 

(See  also  P.  Y.  & A.  R.  R.) 

Street  Crossings .7,  13,  15 

Pittsburg,  Cleveland  and  Toledo  R.  R.  : 

(See  also  B.  & O.  R.  R.  and  P.  & W.  R.  R.) 

Four  additional  tracks 2-5 

— Conditions  on  which  granted  ....  3 

— Location,  grade  and  material  of  sewers  4-  5 

Diversion  of  drain,  Liberty  Street  . . 8 

— Conditions  on  which  granted  ....  9 

Raise  of  grade  and  interlocking  plant  . 10-  12 

— Conditions  on  which  granted  ....  1 1 

Sidewalks  approved 140 

Pittsburg  and  Lake  Brie  R.  R.  : 

Two  additional  tracks 5 

— Conditions  on  which  granted  ....  3 

— Location,  grade  and  material  of  sewers  4-  5 

Street  crossings 16-18 

Lighting  railroad 25-  26 

Electric  Works  switch 65 


ii8 


SECTIONS 


Pittsburg  and  Western  Ry. : 

(See  also  B.  & O.  R.  R.  and  P.  C.  & T.  R.  R.) 

Street  crossings 19-21 

Pittsburg,  Youngstown  and  Ashtabula  Ry. : 

(See  also  Pennsylvania  Co.) 

Relocation  and  four  additional  tracks  . 6 

— Conditions  on  which  granted  ...  7 

Righting  railroad  22-24 

Vacation  of  Railroad  St 27-31 

Vacation  of  Old  St 32-  33 

Vacation  ot  Old  Bridge  St 34-  35 

Vacation  of  part  of  Howard  St.  ...  36-  37 

Q 

Quiesner,  Geo.  plat  approved  ...  . . 72 


Railroads: 

(See  B.  & O.  R.  R.— M.  V.  Ry.— Penn’a  Co  — 


P.  C.  & T.  R.  R.— P.  & L.  E.  R.  R.— 

P.  & W.  Ry.  and  P.  Y.  & A.  R.  R.) 

Railroad  Street : 

Partly  vacated  and  narrowed 27-31 

Street  grade 121 

S 

Second  Street : Street  grade 111-112 

Sidewalks  ordered 138,  139,  141 

Sixth  Street:  Street  grade 1 19-120 

Smith  Street:  Street  grade  .......  136-137 

T 

Telephone  and  Telegraph  Lines  : 


(See  Central  Union  Tel.  Co. — Cunningham,  Jesse — 
Ohio  T.  &T.  Co. — Union  T.  & T.  Co.,  and  Youngs- 


town Tel.  Co. ) 

Third  Street : 

Cunningham,  Telephone  rights  ....  66-  67 

Sewer  outlet,  appropriation  for  ...  . 77-  78 

Street  grade 113-114 

Sidewalks  ordered 138-139 

U 

Union  Telephone  and  Telegraph  Co.  franchise  64  note 

W 

Walsh  and  Stambaugh,  rights  in  Howard  St.  68-  70 


SECTIONS 


II9 

Washington  Street : 

Street  and  sidewalk  grades 126-131 

Sidewalks  ordered  . . 138-141 

Water  Street : 

Street  and  sidewalk  grades 83-  86 

Sidewalks  ordered 138-141 

Wood  Street : 

Street  and  sidewalk  grades 91-99 

Sidewalks  ordered  . . . 138-141-142-143-144 

Y 

Youngstown  Telephone  Co.,  franchise  . . . 63-  64 


. i- 

[Ti 


V 


